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law of estoppel


meaning and full information of law of estoppel
 
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A party cannot deny a fact that has already been settled as truth. The truth may be constituted either by his own actions, deeds or representations or by the acts of judicial or legislative officers. The doctrine of Estoppel may be defined as a disability. This rule precludes a person from denying or to negate anything to the contrary of that which has been constituted as truth.

Section 115 of the Indian Evidence Act, 1872 lays down the principle of estoppel as a rule of evidence. The object of estoppel is to prevent a person from being unjustly enriched by making contradictory statements in a court of law. Estoppel is based on the principle that it would be unjust, if a person intentionally by his action or conduct or in any other manner induced another person to believe and act upon such representation. In such circumstances, neither he or any of those representing him would be allowed to deny or negate the truth in a subsequent proceeding before a Court of Law.

 
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Hello Sir/Ma'am,

Doctrine of Estoppel is the provision which prohibits a person from giving false evidence by preventing them from making contradicting statements in a Court of Law. The basic objective of this doctrine is to avert the commission of fraud by one person against another. This doctrine holds a person accountable for false representation made by him, either by words or by conduct. Sections 115 to 117 of the Indian Evidence Act, 1872 deal with the aforesaid doctrine.

Section 115 of the Evidence Act, incorporates the meaning of estoppel as when one person either by his act or omission, or by declaration, has made another person to believe in something to be true and persuaded him to act upon it, then in no case can he or his representative deny the truth of the same later or in a suit or proceeding. In simpler words, estoppel means one cannot contradict, deny or declare to be false the previous statement made by him in the Court.

Following conditions should be satisfied in order to apply the doctrine of estoppel:
1. The representation must be made by one person to another person.
2. The representation must be as to facts and as to law.
3. The representation made should be in a manner which makes the other person believe in it to be true.
4. The person to whom the representation was made should act upon that belief.
5. The person to whom representation is made should suffer loss by such a representation.

For more details on the same you can refer the articles on the LCI Website.

Hope this helps!

Regards,
Esheta Lunkad

 
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