Evidence Act, 1872, Section 115 -- Estoppel - Partition suit - Plaintiffs and their mother relinquished their right over properties of deceased by executing release deed - Said release deed is binding upon them - Thus, plaintiffs and their mother is estopped from contending that release deed was not binding upon them...........
Evidence Act, 1872, Section 115 -- Estoppel - Suit for recovery of possession - Plaintiff purchased property by way of auction sale u/s 69 of T.P.Act - Defendant filed suit for declaration that auction sale is null and void - However, plaint in said suit is rejected by Court and said judgment became final in the absence of intra Court appeal or review against the same -..........
Evidence Act, 1872, Section 115 -- Estoppel - Cannot be laid against Government in exercise of its legislative, sovereign or executive powers...........
Evidence Act, 1872, Section 115 -- Doctrine of election - Would not apply where two claims are not inconsistent and circumstances do not show an intention to abandon one of them...........
Evidence Act, 1872, Section 115 -- Doctrine of estoppel - Earlier writ petition challenging selection process to the post of Principals were filed before interview commenced - Said writ petitions were withdrawn without any reservation and without asking for any liberty to raise a challenge at a later point of time - Subsequent writ petition challenging select list after..........
Evidence Act, 1872, Section 115 -- Plea of estoppel - No estoppel against provisions of Transfer of Property Act, 1882 and Registration Act, 1908 which provide for conveyance of title only through registered document...........
Evidence Act, 1872, Section 115 -- Estoppel - Approbate and reprobate - Defendant raised an objection in earlier suit as to jurisdiction of civil Court and that suit could be tried only by Small Causes Court - When plaintiff filed suit before Small Causes Court, defendant took the stand that subsequent suit was barred U.O.2.R.2 CPC - Having raised the objection as to..........
Evidence Act, 1872, Section 115 -- Estoppel - Principle of estoppel operates against the party and not the Court...........
Evidence Act, 1872, Section 115 -- Estoppel - Auction process never questioned - Rather bid accepted and at the same time put the uncalled for condition of accepting the same under protest - Held, there cannot be no turn around to challenge the bid to say that it should have been 15% of the reserved Jama/settlement for the previous year...........
Evidence Act, 1872, Section 115 -- Estoppel - Arbitration award - Challenge to - Four suits had the basis of claims of parties on the award - Defendant himself has filed suit for recovery of property which fell to his share on the basis of said award - He cannot approbate and reprobate and blow hot and cold at one and the same time by saying that award cannot be acted upon..........
