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IND IA N E VIDE NCE A CT

Oct 2020 (112)

Doctrine Of Estoppel Under

The Indian Evidence Act 1872
On October 28, 2020 ABOUT

INTRODUCTION
The Estoppel is based on the principles of equity, justice and good conscience.
Its main objective is to protect the interests of the parties to the suit from
International Journal Of
deceit and fraudulent acts while promoting goodwill and honesty. Although
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the Estoppel is the rule of evidence, but it is considered to be a substantive rule Research (IJALR) Is A

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This principle is bound by the representation made by him or rising out of his
conduct. Estoppel is the base on the maxim, “allegan contraria non est
audiendus” which means that a person alleging contradictory facts should not
be heard and is the species of “presumption juri et de juri” it means that the
fact presume is taken in to consider to be true against the party stating the
same. POPULAR POSTS

The Principle of Estoppel was first time used in the case of “Pickard v. Sears[i] Incest In
India: The
Court held that “a person by his words or any conduct induces to another
Need To
person to believe a fact and its subsequently acts according to that belief or to Criminaliz

alter his previous position, the accused is barred from later changing his e It

position”.

Call for
Estoppel deals with in Section 115 to 117 of Indian Evidence Act 1872 and Papers
Volume 1
Section 115 of Indian Evidence Act talks about the general principle of
Issue 3:
estoppel by the conduct, Meanwhile Section 116 and 117 are contains instance International Journal of

of estoppel by conduct. The following are the example of Estoppel in other Advanced Legal Research
[ISSN: 2582-7340]
Acts pf our country – Section 49 of the Registration Act 1908, Section
53,27,41,43,49 of the Transfer of Property Act, Section 24 & 93 of the Indian
Contract Act 1872, Section 18 of the Specific Relief Act & Section 28 of the India and
The Right
Partnership Act NAT.
To Dissent

KIND OF ESTOPPEL[ii]
1. Estoppel by Record 1st
National
The Estoppel deals with the section 11-14 of CPC and Section 40- 44 Of Online
Quiz
Indian Evidence Act. It is basically concerned with the effect parts of some
Competition on Criminal
Judgment on the behalf of records. When the party adduced the record in the Law: No Registration Fee
present case and they also decided to estoppel the reopen the case. This
Principle is not applicable in India but we are generally using the principle of
Res Judicate. We have to keep in mind that an appeal is taken into A
consideration that the case to be a continuation and it will not fall under the Regulatory
Body in
CPC (Res- judicata).
The Field
2. Estoppel by Deed of Arbitration. A Boon or
Bane?
When one party has to claim to another party has entered into an engagement
by a deed with some certain facts. The estoppel by deed only can be applied
between the parties and privies. This principle is not applying to the non-
binding and irrelevant of the matter in the case. The most important thing we
must need to keep in mind that if a deed is tainted or come under the fraud, no
estoppel can arise from it.

3. Estoppel by Pais or Conduct

A man with his words or conduct to believe that another person is given the
same facts and act had been aware of his misrepresentation. The principle of
estoppels prohibits the man from denying the existence of the same facts.
Estoppel by Pais applies, when an agreement, contract act, or any conduct of
misrepresenting negligence on the part of the party, and it changes the position
of facts by his conduct of the other party.

4. Estoppel by silence or acquiescence-

In the case of Delhi University v. Ashok Kumar[iii] Court held that Where
there is an inherent duty of one person to inform the other person of accurate
facts and circumstances but remains silent, his failure to discharge this duty
will work as estoppels against him. In a scenario there was no duty for the
person to speak, no estoppel can be imposed. In the case of Syed Abdul Qadir
v. Ramareddy, an ostensible owner (SECTION 41 of TPA deals with Transfer
by ostensible owner) sold a property. The person who was the real owner of
the land remain silent. His silent acceptance was regarded as an Estoppel.

In the case of Power Control & Appliances Co. v. Sumeet Machines Pvt.
Ltd[iv] where the manufacture allowed the use of his registered trade for a
long period of time without protest, this amounts to acquiescence, attracting FOLLOW US!
the doctrine of acquiescence.
When a person changes his religion on the occasion of marriage, he will be
bound by that new religion because the estoppel applies.
5. Equitable Estoppel LABEL CLOUD

The Evidence Act is not exhaustive of the rules of estoppel. Thus, although S.
ACTS
116 only deals with the estoppel that arises against a tenant or licensee, a
ADMINISTRATIVE LAW
similar estoppel has been held to arise against a mortgagee, an executor, a
ALTERNATIVE DISPUTE
RESOLUTION
legatee, a trustee, or an assignee of property, precluding him from denying the
ARTIFICIAL INTELLIGENCE
title of the mortgagor, the testator, the author of the trust, or the assignor, as the
BLOCKCHAIN
case may be.
CASE ANALYSIS

CONSTITUTION

Further, S. 116 is not exhaustive of all instances of estoppel as between CONTEMPORARY

landlord and tenant. Thus, there are cases of estoppel which, though not within CORPORATE LAW

CYBER CRIMES
the terms of Ss. 115 to 117 of the Evidence Act, are recognised instances of
DEMOCRACY
estoppel. Estoppels which are not covered by the Evidence Act may be termed
INDIAN EVIDENCE ACT
equitable estoppel.
INDUSTRIALISATION

6. Estoppel by negligence INTERNATIONAL LAW

JUDGEMENTS JUDICIARY
This type of estoppel enables a party, as against some other party, to claim a
JURISPRUDENCE
right of property which in fact he does not possess. Such estoppel is described
MEDIATION

as estoppel by negligence or by conduct or representation or by a holding out MUSLIM LAW

of ostensible authority. Such estoppel is based on the existence of a duty which NEW BILLS & LAWS

the person estopped is owing to the person led into the wrong belief or to the PATENTS POLITICS

RULE OF LAW
general public of whom the person is one. (Mercantile Bank. Central Bank,
SOCIAL ISSUE
(A.I.R, 1938 Privy Council, 52)
THE CODE OF CRIMINAL

7. Promissory Estoppel PROCEDURE

THE INDIAN PENAL CODE

The Promissory estoppel binds the party by his promise or with the faith on the
other party. the doctrine of promissory estoppel is not against those
agreements, which has created contravention of the law.

In the case of LML Ltd. V State of Utter Pradesh[v], Court observed that
the doctrine of promissory estoppel applies only the conduct of one party to
another party to make some changes as if the said represented will be acted
upon and provides for a cause of action it need not be necessary to take as a
defence.
Section. 115 deals with estoppel by representation by act or conduct, and
Section. 116 and section 117 deal with estoppel by agreement or contract.
Section 115 of Indian Evidence Act[vi]:
When a person has - By his
(i) Declaration
(ii) Act, or
(iii) Omission
Intentionally caused or permitted or another person
(i) To believe a thing to be true, and
(ii) To act upon such belief,
(iii) Omission
Intentionally caused or permitted another person
(i) To believe a thing to be true, and
(ii) To act upon such belief,
Neither
(i) he, nor
(ii) his representative can be allowed to deny the truth of that thing in a suit or
proceeding between himself and such person or representative.

Illustration: - A intentionally and falsely leads B to believe that certain land

belongs to A, and thereby induces B to buy and pay for it. The land afterwards
becomes the property of A, and A seeks to set aside the sale on the ground
that, at the time of the sale, he had no at title. He must not be allowed to prove
his want of title.

The burden of proving the ingredients for estoppels lies on the party claiming
estoppel. This doctrine precludes a person from denying the truth of some
statement previously made by himself.

Section 116 of Indian Evidence Act[vii]: Estoppel of tenant: and of

licensee of person in possession: This section deals with estoppel arising out
of relationship between
1. a tenant and landlord;
2. between licensee and licensor.
Tenant: When a person comes into possession of any immovable property as a
from other person whom he accepts as the owner and he will be estoppel from
questioning the title of the owner.
Licensee of a person in possession: A person who is in possession of any
immovable property as a licensee cannot be permitted afterward to say that his
licensor had no right to the property.

Section 117 of Indian Evidence Act: Estoppel of acceptor of bill of

exchange, bailee or licensee:
Section 117 deals with estoppel in respect of movable property. A based 9
estoppels under this section is based on agreement. The section is
supplemented by Sections 41 and 42 of the Negotiable Instrument Act (N.I). It
is applicable to:
1) Against the acceptor of a bill of exchange.
2) Against the bailee, &
3) Against a licensee
Acceptor of a bill of exchange: No acceptor of a bill of exchange can deny that
the drawer had authority to draw such bill or to endorse it; (explanation 1) but
he may deny that the bill was really drawn by the person by whom it purports
to have been drawn.
With Bailee or licensee: No bailee or licensee can deny that his bailor or
licensor had, at the time when the bailment or licence commenced, authority to
make such bailment or grant such licence.
Ex: A garage owner receiving a car for repairs is estopped from challenging
the title of the person from when the car was received. But, Under the
(Exception 2), If a bailee delivers the goods bailed to a person other than the
bailor, he may prove that such person had right to them as against the bailor.

Exception of Doctrine of Estoppel[viii]

1) No estoppel against a minor
2) When true are Known to both the parties
3) Fraud or negligence on the part of other party
4) When both the parties plead estoppel
5) No estoppel on a point of Law
6) No estoppel against Statute/ Sovereign acts

CONCLUSION
An Estoppel is a bar that prevents one from asserting a claim or right that that
contradicts what one has said or done before or what has been established as
true. It is also preventing the re-litigation of issues and affirmative defence
alleging good faith reliance on a misleading representing and an injury or
detrimental changes in position resulting from that reliance.

REFERENCES
[i] Pickard v. Sears, 1837 Ad & EI 469,474
[ii] Asamanya Roy, Different Kinds of Estoppels under Indian Evidence Act,
1872, Shareyouressays, 17 October 2020 (04: 12 pm)
https://www.shareyouressays.com/knowledge/different-kinds-of-estoppels-
under-indian-evidence-act-1872/119147
[iii] Delhi University v. Ashok Kumar, A.I.R 1968
[iv] Power Control & Appliances Co. v. Sumeet Machines Pvt. Ltd, A.I.R,
1993
[v] LML Ltd. V State of Utter Pradesh, (2008) 3 SCC128
[vi] SWEATHA KASI, AN ANALYSIS OF SECTION 115 OF INDIAN
EVIDENCE ACT, International Journal of Pure and Applied Mathematics
Volume 120 No. 5 2018, 29-43
https://acadpubl.eu/hub/2018-120-5/1/24.pdf
[vii] Section 116 in The Indian Evidence Act, 1872, Advocatespedia, ASSN:
134470, Advocatespedia, 19 October 2020 (09:24 am)
https://advocatespedia.com/Section_116_in_The_Indian_Evidence_Act,_1872
[viii] DOCTRINE OF PROMISSORY ESTOPPEL, Tripakshalitigation, 20
October 2020 (11:15 am)
https://tripakshalitigation.com/doctrine-of-promissory-estoppel/

Image Source

Author- Abhay Kumar , Lloyd Law College, Greater Noida

Tags: #Indian Evidence Act

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International Journal Of Advanced Legal Research (IJALR) Is A Quarterly, Peer-

Reviewed, E-Journal. IJALR Provides An Interactive Platform For The Publication Of
Short Articles, Long Articles, Book Reviews, Case Comments, Research Papers, Essays
On Various Interdisciplinary Issues Related To Law And Policy.

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