Land Acquisition Act, 1894, Section 18 -- Land acquisition - Compensation - Objection - Owners not present at the time of award - No evidence that land owners have given in writing that they have no objection against award - Objection u/s 18 of the Act filed within period of limitation - Owner illiterate villager having no knowledge about the implication of receiving..........
Punjab Municipal Act, 1911, Section 4, 5(2) -- Extension of municipal limits by including Panchayat Sabha area in the municipal limits - Successive notifications issued - Earlier proposal dropped for want of sufficient details - Subsequent notification on availability of requirements of the act - Cannot be said to be illegal or barred by principle of estoppel...........
Transfer of Property Act, 1882, Section 41, 52 -- Bonafide purchaser - During pendency of a suit or a proceeding - Principle of estoppel does not govern the doctrine of lis pendens - Principle of estoppel must yield to the doctrine of lis pendens under which no title in property could be validly transferred during the pendency of the litigation...........
Evidence Act, 1872, Section 115 -- Estoppel - Family settlement suffering from some lacuna or a formal defect - A member who has himself enjoyed some material benefit under the family arrangement is estopped to unsettle a settled dispute or to revoke the family arrangement...........
Family settlement -- To constitute a valid family arrangement the transaction should be one which is for the benefit of the family - Consideration for the arrangement may be preservation of family property, preservance of peace and avoidance of litigation of any arrangement has been acted upon - Court will give effect to it on the ground of estoppel or limitation etc. -..........
Family settlement -- To constitute a valid family arrangement the transaction should be one which is for the benefit of the family - Consideration for the arrangement may be preservation of family property, preservance of peace and avoidance of litigation of any arrangement has been acted upon - Court will give effect to it on the ground of estoppel or limitation etc. -..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Res judicata debars a Court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas doctrine of 'Issue estoppel' is invoked against the parties - If such an issue is decided against him, he would be estopped from..........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........
Possession -- Defendant purchased suit property vide unregistered sale deed and paid the entire sale consideration and also obtained possession - Held, even if no title on the basis of unregistered sale deed/receipt can be conferred but plaintiff is estopped form reclaiming possession on the ground that there is no valid sale deed - Rule of estoppel applies. (Evidence Act,..........
Consumer Protection Act,1986, Section 2(1)(d), Transfer of Property Act, 1882, Section 43 -- Housing - Agreement to sell apartment - Feeding the estoppel - In order to avoid the sale of the Schedule Apartment in favour of the complainants as per the letters of allotment OPs has adopted dubious method of refunding the amount to the complainant through the agent making the..........
