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Estoppel under Indian Evidence Act, 1872

Under the Indian Evidence Act, 1872, estoppel is a legal principle that prevents a person from denying or asserting something contrary to what they have previously stated, done, or agreed upon.

Estoppel is based on the principle of fairness and prevents a party from taking advantage of their own inconsistent statements or actions.

Section 115 Estoppel

Section 115 of the Indian Evidence Act deals specifically with estoppel. It states that when one person has, by their own declaration, act, or omission, intentionally caused or permitted another person to believe a particular thing to be true and to act upon that belief, neither the person making the declaration nor their representative shall be allowed to deny the truth of that thing in any suit or proceeding arising out of such declaration, act, or omission.

Elements of Estoppel

To establish estoppel under Section 115, the following elements must be present:

  • There must be a representation, declaration, act, or omission by one party.
  • The representation must be made intentionally and with the intention to induce another party to believe in the truth of that representation.
  • The other party must have relied on the representation and acted upon it.
  • It must be unjust or inequitable to allow the party who made the representation to go back on it.

Types of Estoppel

  • Estoppel by conduct: This arises when a party’s actions or behavior lead another party to reasonably believe a certain state of affairs and act accordingly. The party is then estopped from denying that state of affairs.
  • Estoppel by record: This occurs when a party’s statement or admission is recorded in a document, such as a contract or agreement, and they are subsequently prevented from denying the truth of that statement in a legal proceeding.
  • Estoppel by silence: In certain circumstances, a party’s failure to speak up or correct a false assumption made by another party may lead to estoppel if the other party reasonably relies on that silence and suffers harm as a result.

Application of Estoppel

Estoppel can be invoked in civil suits, criminal cases, and other legal proceedings. It is often used to prevent a party from denying the existence of a particular fact or from taking a position contrary to their previous statements or conduct.

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