Law of estoppel of evidence act 1872. What is meant by the “rule of estoppel” in Indian law? 2019-02-22

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Estoppel Under The Indian Evidence Act, 1872

law of estoppel of evidence act 1872

In some common-law jurisdictions, a promise by the shopkeeper to hold a specific radio would create a binding contract, even if B had to go for the money. Estoppel is often described as a rule of evidence as indeed it may be so described. The major distinction between equitable estoppel and promissory estoppel is that the former is available only as a defense, while promissory estoppel can be used as the basis of a cause of action for damages. Confession otherwise relevant not to become irrelevant because of promise of secrecy, etc. Estoppel is only a rule of law. They held that the argument becomes an erroneous assumption that all rules of estoppel are also rules of evidence. Indecent and scandalous questions 152.

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The Doctrine of Estoppel Under Indian Evidence Act.

law of estoppel of evidence act 1872

Tenant Section 116 No tenant of immovable pro­perty or person claiming through such tenant can, during the continuance of the tenancy, be permitted to deny that the land-lord of such tenant had, at the begi­nning of the ten­ancy, a title to such immovable property. The principle Estoppel is based on equity and good conscience the object of this principle is to prevent for and to manifest good faith amongst the parties. Opinion as to handwriting, when relevant 48. Doctrine of estoppel has gained a new dimension in recent years with the recognition of an equitable doctrine of promissory estoppel both by English and Indian courts. In mofussil courts, outside the presidency towns, there were no definite rules relating to law of evidence. It is elementary in a republic, governed by a rule of law, no one howsoever high or low, is above the law.


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The Doctrine of Estoppel Under Indian Evidence Act.

law of estoppel of evidence act 1872

The Petitioner wanted to set up a Vanaspati Plant. It is inequitable that the promisor should be allowed to resile from the assurance or representation having regard to what the promisee has done or refrained from doing in reliance on the assurance or representation. 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. This element would be absent if B sold the watch at the market price. When they must not be asked 143.

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Indian Evidence Act, 1872

law of estoppel of evidence act 1872

It is also immaterial whether such representation was wholly or partially responsible for such alteration in the position. Certified copies of public documents 77. The case of Motilal Padampat Sugar Mills v. The principle of estoppel cannot be invoked to defeat the plain provisions or a statute. Over the next five years, High Trees paid the reduced rate while the flats began to fill, and by 1945, the flats were back at full occupancy.

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An Overview On Doctrine of Estoppel

law of estoppel of evidence act 1872

The court also did not allow the plea of estoppel against he Government if it had the effect of repealing any provision of the Constitution. . Evidence as to affairs of State 124. If the law requires that a certain tax be collected, it cannot be given up, and any assurances by the Government that the taxes would not be collected would not bind the Government, when it chooses to collect the taxes. Estoppel by conduct: There are cases where the estoppel will arise from agreement, distortion, or negligence.

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Evidence Act, 1872 (Act No. I of 1872).

law of estoppel of evidence act 1872

In the year 1868 a commission was set up under the chairmanship of sir Henry Mayne he submitted the draft but it was found unsuitable to Indian conditions. However, it does not preclude the State Government from withdrawing the scheme prospectively. At other times, it means the facts proved to exist by those words or things and regarded as the groundwork of inference as to other fittest not so proved. It is just because pedestrian or resident of the vicinity has not been cited as witness will be no ground throws away the otherwise reliable testimony of the eye-witnesses which is natural and inspires confidence. Proof of good faith in transactions where one party is in relation of active confidence 112. In case where two of the accused persons had intentionally caused death of the deceased, there is no reason to discard evidence of witnesses.

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The Doctrine of Promissory Estoppel

law of estoppel of evidence act 1872

Where the Government makes a promise knowing or intending that it would be acted upon by the promisee and, in fact, the promisee acting in reliance of it, alters his position, the Government will be held bound by the promise and the promise would be enforceable against the Government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by Article 299 of the Constitution of India. Motive, preparation and previous or subsequent conduct 9. Facts bearing upon opinions of experts 47. Traditionally, proprietary estoppel arose in relation to rights to use the land of the owner, and possibly in connection with disputed transfers of ownership. Proof where no attesting witness found 70.

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The Doctrine of Estoppel Under Indian Evidence Act.

law of estoppel of evidence act 1872

This was reasoned on the basis that if a party leads another party to believe that he will not enforce his strict legal rights, then the Courts will prevent him from doing so at a later stage. In the case of the courts refused to recognise a promise to accept a part payment of £300 on a debt of £482 on the basis that it was extracted by duress. So also a confession of an accused is not evidence in the ordinary sense of the term. Opinion on relationship, when relevant 51. Article shared by Estoppels are of seven kinds: 1. Estoppel by convention is most commonly invoked if one party wishes to rely on pre-contract negotiation as an aid to construction of the contract. Equity: Principles and procedures in Virginia and West Virginia.

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