Estoppel doctrine under the 1872 Indian Evidence Act

March 29, 2023by Primelegal Team0

The doctrine of estoppel, which is dealt with in Sections 115 to 117 of the Indian Evidence Act of 1872, forbids a person from providing false evidence by forbidding them from making contradictory remarks in a court of law. This philosophy aims to prevent fraud against another person from being committed by one person. According to this idea, a person is responsible for whatever incorrect statements he makes, whether they were said or demonstrated via their actions. Estoppel is defined in Section 115 of the Indian Evidence Act, 1872 as the situation in which one person, through an act, omission, or declaration, has caused another person to believe something to be true and convince that person to act on it. In no circumstance can that person or his representative later in the lawsuit or in the proceedings deny the truth of that thing. Estoppel, which simply implies one cannot contradict, dispute, or proclaim untrue the prior statement made by him in court, is a legal concept. If Thanos works for business XYZ but claims otherwise in court, he will not be able to subsequently demand compensation from that firm for wages and benefits.

Criteria for Using the Estoppel Doctrine: To apply the theory of estoppel, the following prerequisites must be met: One person must make the representation to another person. The statement must be factual rather than legal in nature. The assertion has to be based on an actuality. The opposite party must be led to believe that the representation is accurate if it is to be believed. The individual to whom the representation is being made is required to act on that conviction. The individual to whom the representation is made should lose anything as a result of it. similar to res judicata The parties, their attorneys, executors, and other representatives are all obligated to abide by the court’s ruling after it has been rendered. This theory prevents parties from bringing up a different lawsuit in the same topic or contesting the facts of the case after the court has rendered a judgement. It is the idea that two parties can agree on certain facts through the use of a deed. This suggests that none of him, his agents, or anybody claiming to represent him can dispute the facts contained and agreed upon in the deed. Estoppel by Pias is defined as “Estoppel in the Nation” or “Estoppel before the public.” Ss. 115–117 have discussed it.

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