Civil Procedure Code, 1908, Section 11, Evidence Act, 1872, Section 115 -- Res judicata, estoppel and waiver - Principles of estoppel, res judicata and waiver are procedural in nature and thus same will have no application in a case where judgment has been rendered wholly without jurisdiction or issue involves only pure questions of law...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When the proceedings have attained finality parties are bound by the judgment and are estopped from questioning it - They cannot litigate again on the same cause of action nor can they litigate any issue which was necessary for decision in the earlier litigation - It is however different if an issue which had been..........
Housing -- Residential house - Allotment of house - Enhancement of price - Out of three instalments only one instalment towards seed money deposited by appellant - complainant - Appellant neither deposited full seed money nor paid anything pursuant to said allotment letter which inter alia provides that the allotted house shall stand cancelled without any notice if the..........
Indian Penal Code, 1860, Section 302, 323 -- Murder - Non-examination of material evidence - Trial Judge has based conviction of accused appellant solely on testimony of prosecution witnesses `P' and others ignoring evidence of PW1, DW1, DW3, DW4 and DW5 which evinces to be of vital importance - Prosecution evidence suffers from inherent improbabilities and is vague -..........
Medical negligence -- Prostrate surgery - Patient 85 years old - Death of the patient - Main controversy TURP vs. Trans - vesicle method - TURP method of surgery opted but due to complications Trans - vesicle method adopted - It has to be considered in the backdrop of professional choice available to an operating Surgeon and in that process even the best option may turn..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - If two views are possible then a judgment of acquittal should not ordinarily be interfered with...........
Industrial Disputes Act, 1947, Section 11A -- Labour Court - Jurisdiction - Department enquiry - Misconduct - Labour Court would have no jurisdiction to substitute its own judgment although it could itself have arrived at a different conclusion on the same materials - Decision of Labour Court should not be based on mere hypothesis - Its jurisdiction under S.11-A of the Act..........
Punjab Regional and Town Planning and Development Act, 1995, Section 45 -- Earnest money - Forfeiture of - Cancellation of letter of intent on account of failure to deposit balance amount - Not taken into account by Estate Officer that appellant had applied for transfer and no order passed on that application - Extension of time to deposit amount granted twice but no order..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 99, 101 -- Rule applies to person other than judgment debtor who is dispossessed - In the decree, judgment debtor being plaintiff, Rule 99 does not apply - Consequently, there is no question of applicability of Rule 101 further...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at second appellate stage - Appellate Court has power to allow additional evidence not only if it requires such evidence to enable it to pronounce judgment but also for any other substantial cause...........
