Transfer of Property Act, 1882, Section 52, 41, 43 -- Lis pendens - Transfer of property during pendency of litigation to frustrate the claim of other party without disclosing it to the vendee - Intention of the vendor may be bad, but it will not bind the bona fide purchaser unless it is proved that the vendor had the knowledge of litigation - However, mala fide act of the..........
Service -- Illegal retrenchment/termination - Article 137 of the Schedule to Limitation Act, 1963 is not applicable to the proceedings under the Industrial Disputes Act and the relief under it cannot be denied to the workman merely on the ground of delay. (Limitation Act, 1963, Art.137, Industrial Disputes Act, 1947, S.10)..........
Service -- Illegal retrenchment/termination - Reference to Labour Court - Cannot be generally questioned on the ground of delay alone - Even in a case where the delay is shown to be existing, the Tribunal, Labour Court or Board, dealing with the case can appropriately mould the relief by declining to grant back wages to the workman till the date he raised the demand..........
Electricity (Supply) Act, 1948, Section 51 -- Electricity line - Lines to be drawn overhead instead of laying of underground cables as originally envisaged - Change cannot be said to be arbitrary or illegal - High Court cannot determine whether change proposed was right or whether there is illegality...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that plaintiff is the owner in possession of suit property - Sale deed in favour of defendant No.1 executed by defendant No.2 is illegal, void and does not confer any right - Agreement to sell executed by plaintiff in favour of defendant No.1 - Signatures admitted - When signatures are admitted it is for the..........
Criminal Procedure Code, 1973, Section 437, 439, 167(2) -- Non filing of charge sheet within 90 days - Bail - Accused arrested u/s 15 of NDPS Act at Rajasthan - While under detention in relation to another case he was recorded as arrested in M.P. State in a similar case - Bail granted by Rajasthan Court - M.P. Court refused bail u/s 167(2) on ground he was not produced..........
Evidence Act, 1872, Section 115 -- Estoppel - Promissory estoppel - No estoppel against law - Principle of promissory/equitable estoppel cannot be invoked to protect illegal acts which were against statute...........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Improvement Trust itself at a point of time made allotments and accepted initial deposits towards consideration of the plots which were subsequently cancelled - Plea based on principles of promissory estoppel inasmuch as Improvement Trust having once allotted plots and having collected part of consideration, cannot..........
Hindu Law -- Debt of father - Pious obligation of son to pay - To ascertain the nature and the character of the debt so that it is not 'Avyavaharika' the circumstances and the conduct of the father antecedent to the incurring of the debt can be looked into - If the debt is not tarnished or tainted with immorality or illegality, then it is binding on the son - If father..........
Punjab Land Revenue Act, Section 13 -- Lambardari appeal - No justification for upsetting Collector's order because Commissioner came to a different conclusion about relative merits of candidates - Collector preferred candidate on ground of age, necessary educational qualifications and his influence in the village and noted the fact that other candidate had served in the..........
