Estoppel
/ɪˈstɒpəl/
Legal Doctrine / Evidentiary Principle
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Definition
A rule of law that prevents a person from asserting something contrary to a position they have previously represented as true, when another person has relied on that representation to their detriment. Section 115 of the Indian Evidence Act, 1872 codifies estoppel. When one person by their declaration, act, or omission intentionally caused another to believe something and act on it, they cannot in proceedings deny the truth of that thing.
Examples
Case Study
In Union of India v. Indo-Afghan Agencies (1968), the Supreme Court applied estoppel (and promissory estoppel) against the government — holding that the State cannot approbate and reprobate (blow hot and cold) — a representation made by the government that induced conduct cannot be denied when it would cause injustice to the party who relied on it.
Key Cases
Pickard v. Sears
1837(1837) 6 A & E 469
Classical formulation of estoppel by representation. A person who makes a false representation of fact to another who acts on it in good faith is estopped from denying the truth of the representation. Adopted and codified in Section 115 of the Indian Evidence Act.
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