Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Estoppel by acquiescence - Ad interim injunction restraining defendant from committing a breach in which plaintiff acquiesced or from doing business on premises for which let out or being carried on from very inception of transaction - Not permissible - Plaintiff debarred by provisions of clauses..........
Civil Procedure Code, 1908, Section 11 -- Consent decree - Binds the parties and none of them can re-agitate the matter till that decree remains enforceable - Consent decree operates as estoppel between the parties in subsequent litigation regarding that matter...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Government of Haryana in exercise of executive powers transferred land at one point of time - Does not mean that forever land has a protective umbrella from any subsequent legislation - State of Haryana having passed Ceiling law in exercise of its legislative functions, has duty and mandate to carry it o it in..........
Limitation Act, 1963, Article 113 -- Suit for recovery of amount paid under a mistake - Money paid under a mistake of law comes within word 'mistake' in Section 72 of Contract Act - No question of estoppel when mistake of law common to both person making payment and authority - Right to sue accrues when mistake discovered - Suit can be filed within a period of 3 years when..........
Civil Procedure Code, 1908, Order 30, Rule 1, 2 -- Suit for permanent injunction in Civil Court restraining Gram Panchayat from dispossessing forcibly from land which vested in Gram Panchayat - Theka of land auctioned yearly by Gram Panchayat and different persons used to occupy land on yearly basis - Person who took the lease for a particular year - Cannot be said to be a..........
Constitution of India, 1950, Article 226 -- Estoppel against - Acquiescence and participation in proceedings - Landowners actively participated in proceedings under Punjab Town Improvement Act and invited decision by President of Tribunal which in material parts runs in their favour as well - No objection raised regarding absence of two assessors of Tribunal - Cannot be..........
Punjab Urban Estates (Sale of Sites) Rules, 1965, Rule 5, 3 -- Oustee applied for allotment of plot and entitled in terms of policy decision of 1974 - Allotment not finalized till new policy decision by Government in 1981 adversely affecting entitlement and eligibility - Government well within its right to revise policy decision - Applicant only entitled to consideration..........
Evidence Act, 1872, Section 115 -- No estoppel against a statute...........
Civil Procedure Code, 1908, Section 96(3), Order 23, Rule 3 -- S.96(3) based on broad principle of estoppel - Agreement or compromise as envisaged by Order 23 Rule 3 not there - No question of principle of estoppel becoming operative - Bar of appeal against consent decree (not in terms of Order 23 Rule 3) - Not applicable...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 3 -- Consent decree - Does not operate as res judicata including constructive res judicata - Effective estoppel between the parties as a judgment rendered by Court in a contested matter...........
