Legal Services Authorities Act, 1987, Section 21, 20 -- Award of Permanent Lok Adalat - Permanent Lok Adalat can pass award only on basis of agreement between parties, i.e. compromise - No compromise between parties - Lok Adalat has no jurisdiction to settle dispute - Award not binding on person not made party in pre-litigation case...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - Held, for application of principles of res judicata what is essential is the determination of rights of parties and rival contentions based on pleadings - It is identity of title in litigation that has to be taken into consideration and some times identity of actual property may differ in two cases -..........
Court Fees Act, 1870, Section 7(iv)(c) -- Court fee - Suit for declaration that sale deed is null and void and not binding upon the rights of plaintiff - Plaintiff a party to the sale deed - Even if it is taken that he has not claimed the relief of possession even then he is required to pay ad valorem Court fee on the amount of consideration mentioned in the sale deed to..........
Natural justice -- No order can be passed behind the back of a person adversely affecting him and such an order if passed, is liable to be ignored being not binding on such a party as the same has been passed in violation of the principles of natural justice...........
Consent decree -- Principles and necessity of registration - (1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence: (3)..........
Witness to agreement, sell -- Knowledge of transaction can be attributed to him - However, terms of contract are not binding on every one who knows the transaction - A witness cannot be treated or become a party to the transaction and he is not bound by the terms of contract...........
Medi-claim policy -- Insurance claim - Repudiation - Exclusion clause -Unilateral action of the respondents-OP incorporating exclusion clause while renewing medi-claim policy - Insurance too is in the nature of contract between the parties and no unilateral action on the part of the any party to the contract could be binding on the other - The bald defence made by the..........
Medi-claim policy -- Insurance claim - Repudiation - Exclusion clause -Unilateral action of the respondents-OP incorporating exclusion clause while renewing medi-claim policy - Insurance too is in the nature of contract between the parties and no unilateral action on the part of the any party to the contract could be binding on the other - The bald defence made by the..........
Wakf Act, 1954, Section 5(2) -- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of Wakf relating to suit property by dedication..........
Wakf Act, 1954, Section 5(2) -- Notification declaring the property as Wakf property - Notification is not binding on Nagar Panchayat which is a third party...........
