National Green Tribunal Act, 2010, Section 19 -- Directions issued by National Green Tribunal (NGT) - Non-compliance with principles of natural justice - Recommendations made by expert committee are not binding on NGT - NGT therefore, cannot pass directions relying on recommendations of expert committee in the absence of there being objections filed by parties and without..........
Hindu Law -- Joint Family Property - Alienation by Karta - Legal necessity - If alienation was made by Karta of Hindu Undivided Family for good and pious purposes, then same will be binding on minors...........
Legal Services Authorities Act, 1987, Section 22C(7), Kerala State Legal Services Authority Regulation, 1998, Rule 33, National Legal Services Authority (Lok Adalats) Regulations, 2009, Rule 17 -- Award of Lok Adalat - Award not signed by parties - When award is not signed by parties, award is not binding on them - Signatures of lawyer alone in the award cannot validate..........
Clarification of order passed by Supreme Court -- Application by third party - Law laid down by S.C is binding on all u/art 141 of Constitution, but before applying law, Court where proceedings are pending is required to test applicability of law declared by S.C on basis of facts of a particular case - Applicant cannot be permitted to seek clarification of order of S.C by..........
Precedent -- Judgment - Obiter dicta and ratio decidendi - It is not everything said by a judge when giving judgment that constitutes a precedent - Only thing in a judge's decision binding as a legal precedent is principle upon which case is decided and for this reason, it is important to analyze a decision and isolate from it obiter dicta...........
Constitution of India, 1950, Article 136 -- Dismissal of Special Leave Petition in limine - Does not amount to affirmation of view taken by High Court - Unless judgment of High Court is affirmed at least, with short reasoning, same would not amount to binding precedent...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Observation made by Court in succession certificate proceedings regarding status of person as widow, cannot be said to be a finding binding upon opposite party as operating res judicata, as opposite party would be well within their rights to question said title or status of person in an appropriate proceeding...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that two sale deeds are not binding upon plaintiff - Cause of action arose in 1988 when on basis of sale deeds defendant got his name mutated in revenue record - Said fact was admitted by plaintiffs themselves and they were aware of said fact from the year 1988 - Suit filed in the year 1999 is thus,..........
Consent decree -- No family settlement took place between parties - Property was given by way of oral gift - Property being immovable property valuing more than Rs.100/- - Oral gift cannot be effected without registration in view of S.17 of Registration Act - Consent decree rightly held to be null and void and not binding on the rights of plaintiff...........
Civil Procedure Code, 1908, Section 9, Punjab Village Common Lands (Regulation) Act, 1961, Section 13(b), Punjab Land Revenue Act, 1887, Section 45 -- Jurisdiction of civil Court - Suit for declaration challenging mutation entry being wrong, illegal, void and nullity and not binding on the rights of plaintiffs/proprietors of the village - It is S.13-B of Act of 1961 which..........
