Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is attracted not only in separate proceedings but also at subsequent stage of same proceedings...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Criminal Procedure Code, 1973, Section 154 -- Multiple FIR's - Of the same occurrence - Hit by doctrine of sameness and it has to be obliterated, as it would amount to violation of fundamental rights of a citizen - Impugned FIR cannot be sustained, hence quashed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Partition suit -- Hindu Joint Family property - Dispute between adopted son and step sisters - Succession opened up admittedly prior to Hindu Succession Act - Daughter thus, would not be a coparcener at that time - She would not be a legal heir who would take simultaneously with son in view of notional existence of adopted son by virtue of doctrine of relation back -..........
Evidence Act, 1872, Section 115 -- Estoppel - Doctrine of election - Person cannot be allowed to make a judicial or a quasi judicial forum to act upon a document in order to get a favourable order and thereafter disown the document and continue to deal with property...........
Evidence Act, 1872, Section 106 -- Reverse burden of proof - Before accused is called upon to explain the circumstances in his exclusive knowledge by virtue of doctrine of shifting the burden of proof, Prosecution has to prove, either by direct or circumstantial evidence, that accused was present in the same room/house where deceased was murdered by violent means -..........
Service -- Misconduct - Order of punishment set aside on the ground of Doctrine of equality - When the charges against delinquent officer are proved in departmental enquiry, merely because some other officers involved in same incident are exonerated and/or no action is taken against other officers, same cannot be a ground to set aside order of punishment against..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of charge sheet - Civil dispute sought to be given the colour of a criminal wrong doing - Execution of a sale deed, during pendency of suit, may attract doctrine of lis pendens, but from reading charge sheet, it is evident that there is no element of criminality which is..........
Transfer of Property Act, 1882, Section 52 -- Transfer of property pending suit - Effect of S.52 of the Act which incorporates the doctrine of lis pendens is that the transfer will be subject to the outcome of the suit and that the plea of bonafide purchase or the lack of notice are not available to the purchaser against this doctrine - Transfer of property made lis..........
