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..........
Civil suit and criminal proceedings -- Forgery or cheating - Civil suit filed alleging gift deed fraudulent and not binding and cancellation of gift deed - Civil Court cannot punish accused for criminal offence of forgery, cheating etc. - Though both the proceedings arise from the same action but both relate to different aspects - Both civil suit and criminal proceedings..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Arbitration and Conciliation Act, 1996, Section 11(6), 7 -- Appointment of arbitrator - No arbitration agreement in between parties - However counsel of both the parties did not dispute the fact that clause 15 of the Contract agreement and clause 5 of policy decision provide for appointment of an arbitrator - Arbitrator appointed on an understanding of counsel which in any..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Admittedly, plaintiff was not party to sale deeds - Hence, sale deeds are not binding on plaintiff - Concept of challenging a document comes into play only if person is party to document - Plaintiff has already filed a suit for declaration with regard to ownership on basis of a sale deed, correctness whereof..........
Settlement deed -- Once the settlement deed was presented before Land Reforms Tribunal by executor and he had obtained favourable order, that fact by itself will amount to acting upon settlement deed - Fact that executor dealt with properties even thereafter is irrelevant and not binding on his daughters in whose favour properties were settled...........
Mutation -- Any finding by mutation Court is not binding on civil court - However, finding recorded by Civil Court is binding on mutation Court...........
Mutation -- On the basis of Will - Issue regarding validity of Will is tentatively considered for mutation and finding has been returned - Mutation entries do not decide right, title or interest of any of the parties rather are maintained only for fiscal purposes and does not distinguish or create any rights - Where Will is still subject to scrutiny of appropriate civil..........
Agreement to sell -- Specific performance - Subsequent sale deeds - Nominal sale deeds executed in favour of sisters-in-law with a view to defeat the rights of plaintiff and defendant No.1 - Failure to prove receipt of sale consideration - Trial Court rightly declared said sale deeds in favour of subsequent purchasers not binding upon plaintiff and defendant No.1/vendor...........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
