Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1 -(As amended) - Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review..........
Land Acquisition Act, 1894, Section 23(1A), 23(2), 28, Civil Procedure Code, 1908, Section 47, Order 47, Rule 1 -- Reference Court - Can review its earlier order if there exists an error apparent on the face of record - Executing Court having limited jurisdiction cannot go into the question as to whether the Reference Court was correct in passing the review order - A..........
Waiver -- Estoppel - Difference between the two - Whereas estoppel is not a cause of action; it is a rule of evidence - Waiver is contractual and may constitute a cause of action - It is an agreement between the parties - A right can be waived by the party for whose benefit certain requirements or conditions had been provided for by a statute subject to the condition that..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Earlier petition - Withdrawn when husband promised to mend his ways - Withdrawal of earlier petition cannot be regarded as condonation on the part of the spouse to operate as estoppel to file a second petition on the same cause...........
Consumer Protection Act, 1986, Section 2(1),(r), Contract Act, 1872, Section 63 -- Unfair trade practice - Car price - Plea of waiver/estoppel - The original promise was to deliver Omni-E Model to the complainant promisee but he was delivered Euro-1 model car costing a little more - The complainant accepted the said delivery and paid the difference of price without any..........
Voluntary Retirement Scheme of Punjab and Sind Bank -- Voluntary retirement - Whether respondent who earlier opted for voluntary retirement scheme could be permitted to withdraw therefrom after having received the payments under the scheme? - Held that the principles of estoppel applies to the facts of the case - The conduct of the respondent indicates his knowledge about..........
Consumer Protection Act, 1986, Section 15 -- Estoppel - Limitation - Preliminary objection taken before the District Forum - Proceeded to take part in the adjudication of the complaint and thus waived the objection - The appellant thus barred by estoppel of conduct in agitating the matter at the stage of appeal...........
Civil Procedure Code, 1908, Order 21, Rule 92, Constitution of India, 1950, Article 226, Evidence Act, 1872, Section 115 -- Estoppel - Execution - Directions of High Court to sale property by public auction after publication - Private offer - Challenge to - Contrary to orders of Court alleged - Subsequent offer sale by private negotiation by objector - Not valid - Claim by..........
Evidence Act, 1872, Section 116 -- Estoppel - A person inducted as tenant by appellant - He is estopped from attorning any other as landlord...........
Transfer of Property Act, 1882, Section 3, Evidence Act, 1872, Section 115, Evidence Act, 1872, Section 115 -- Attesting witness - Mere attestation of a deed does not by itself impute to the attesting witness any knowledge of its contents so as to make out a case of estoppel against said attesting witness - Attestation of a deed by itself estops a man from denying nothing..........