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Neil Paul   09 March 2021

Academic Query

Whether principle of estoppel related to existing fact or future intention or promise?


 3 Replies

G.L.N. Prasad (Retired employee.)     10 March 2021

It depends on the capacities of parties and differs from circumstances.  Please google search' for detailed articles with updated judgments and applicability in the Indian Evidence Act and Transfer of Property Act etc.for clear understanding relevant to your issue.

P. Venu (Advocate)     10 March 2021

What are the facts? What is the context?

minakshi bindhani   09 November 2021

As per your concerns!

 Section 115 of The Indian Evidence Act, 1872. The sections say “When an individual has, by his declaration, act or omission, intentionally prompted or accredited every other individual to accept as true with this type of element to be real and to act upon such notion, neither that individual nor his consultant would be allowed, in any shape or proceeding among himself and such individual or his representative, to disclaim the reality of that issue.” 

Promissory estoppel is related to future promises whereas Section 115 talks about representations regarding existing facts.

Promissory Estoppel’s application can invalidate the constitutional provision provided under Article 299 which talks about immunity granted against the personal accountability of an individual making the promise. 

So in short, the principle of estoppel is related to existing facts not promise or future intention.

Hopefully, it is useful!
Minakshi Bindhani

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