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Naman P. Charan (Shop)     01 March 2021

Evidence act

When A stand while his right is being infringed by B, Applying Section 115, Indian Evidence Act.  

Which of the following conditions would the rule of estoppels by the acquiescence apply?

(i) B must be mistaken as to his legal rights

(ii) B must expend money or do some act on the faith of his mistaken belief

(iii) A must know his own rights and must know of B’s mistaken belief

(iv) all of them



Learning

 1 Replies

Kevin Moses Paul   02 March 2021

As per your query let me introduce you with Section 115 of the Indian Evidence Act (IEA), 1872 deals with Estoppel.

This section further states that -
"When one person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing."

Therefore, as per this Section 115 all of the above situation would apply for rule of Estoppel.

Hope It Helps

Regards
Kevin M. Paul

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