Evidence Act, 1872, Section 115, Civil Procedure Code, 1908, Order 23, Rule 1 -- Suit for partition - Material on record indicated place in which possession of disputed land was declared in favour of defendant No.1 by Magistrate - Sessions Judge reversed order of Magistrate and order was further challenged by way of revision in High Court - A compromise was effected in..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Doctrine of promissory estoppel and legitimate expectation - There seems to be some difference of opinion in the various decisions by different benches of Supreme Court - Matter referred to larger Bench...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Applicable to against Government as against a private individual...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and principle of estoppel - To attract the principle of res judicata or principle of estoppel or to make the observation in previous litigation binding, it is must that either decree is passed in the presence of the person concerned or person concerned accepts the observation and..........
Punjab Regional and Town Planning and Development Act, 1995, Section 79, 81, Evidence Act, 1872, Section 115, Constitution of India, 1950, Article 299 -- Promissory estoppel and Doctrine of legitimate expectation - Govt. acquired land for development of Industry and handed over to Industrial Corporation for development - Some area earmarked by Corporation for residential..........
East Punjab Urban Rent Restriction Act, 1949, Section 13(3)(iii), Evidence Act, 1872, Section 115 -- Violation of bye laws - Landlord constructing room in SCF in violation of bye laws and letting the same - Entire building ordered to be resumed on account of violation of bye laws - Landlord sought eviction of tenant to demolish the room - Tenant taking plea that landlord..........
Civil Procedure Code, 1908, Section 9, 11, Evidence Act, 1872, Section 115 -- Court having no jurisdiction - Consent cannot confer jurisdiction on a Court when it has none - An order passed by Court having no jurisdiction is a nullity - When the court lacks inherent jurisdiction, the procedural provision of estoppel, waiver or res-judicata shall also not apply...........
Evidence Act, 1872, Section 115 -- Estoppel - There is no esotppel against statute...........
Evidence Act, 1872, Section 115 -- Estoppel - Family settlement suffering from some lacuna or a formal defect - A member who has himself enjoyed some material benefit under the family arrangement is estopped to unsettle a settled dispute or to revoke the family arrangement...........
Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata and estoppel - Res judicata debars a Court from exercising its jurisdiction to determine the lis if it has attained finality between the parties whereas doctrine of 'Issue estoppel' is invoked against the parties - If such an issue is decided against him, he would be estopped from..........
