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Law of Estoppel

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Law of Estoppel wid evidenve and contract
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  Page | 1 LIST OF ABBREVIATIONS    SCC: Supreme court cases    HC: High court    SC: Supreme Court    i.e.: That is    pg.: Page no    Air-All India Report    Sec: Section    Para: Paragraph    Ed: Edition    Vole: Volume    Art: Article  Page | 2 T BLE OF CONTENT 1. Meaning of Esto ppel………………………………………………………………………4  (A). Estoppel- as Rule of Evidence ......................................................................................5 (B). Evolution of Doctrine of Promissory Estoppel ………………………………… ........7 (C). Promissory Estoppel: an outline ……………………………………………… . … . …8  (D).  Nature of Promissory Estoppel ………………………………………………… ... ….9  (E). Application of Doctrine of Promissory Estoppel to Government ……………… .. …10  (F). Kinds of Estoppel ……………………………………………………………… .... …14  2. Estoppel under “The Evidence Act, 1872”……………………………………………15   3. Estoppel under “The Contract Act, 1872” …………………………………………..18   4. Estoppel under “The Transfer of Property Act”…………………………………….22   5. Conclusion……………………………………………………………………………..24   6. Bibliography…………………………………………………………………………..25    Page | 3 ABSTRACT In law, estoppel is a set of  doctrines in which a court prevents a litigant from taking an action the litigant normally would have the right to take, in order to prevent an inequitable result. Estoppel occurs when a party reasonably relies on the promise of another party, and because of the reliance is injured or damaged . For example, estoppel precludes a person from denying, or asserting anything to the contrary of, that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied  Page | 4 Meaning of Estoppel  Estoppel in simple words is a bar which prevents a party from asserting a fact or putting up claim inconsistent with the position he previously took. It is said to be a rule which preludes a person from saying one thing at one time and another thing, totally in consistent with the earlier one, at another stage 1 . In Black‟s New Dictionary, “estoppel” is indicated to mean “that a party is prevented      by his own acts from claiming a right to the detriment of other party who was entitled to rely on such conduct and has acted accordingly.”  According to Oxford Dictionary of Law estoppel is “a  rule of evidence or a rule of law that  prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist, The denial must have been acted upon (probably to his disadvantage) by the person who wishes to take advantage of the estoppel or his position must have been altered as a result 2 . When a 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 the thing. The former person is thus stopped from denying the truth of his  previous statement. He, thus, cannot both approbate and reprobate, because of invocation of rule of estoppel against him. In other words, estoppel is a rule, whereby a party is precluded from or to say estopped from denying the existence of some state of facts which he had previously asserted and on which the other party has relied or is entitled to rely upon. According to Wade and Forsyth the basic 1   Kumar, Narender; Nature and Concepts of Administrative Law, 1st Ed., Allahabad Law Agency, Faridabad,2011,  p. 366 2   Quoted inSharma Transport v. Government of Andhra Pradesh, AIR 2002 SC 322.
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