Indian Evidence Act- Estoppel (Section 115-118)

Estoppel

Introduction

 

Estoppel is a principle wherein you cannot alter from the position which you have taken earlier.  Estoppel prevents a person from saying one thing at one time and retreating from it at another time.

Section 115

 

Illustration provides the meaning of section 115. A intentionally lead to believe that certain parcel of land belong to him and he want to sell it. B purchase a land from A. At the time of sale owner of the land was some different person.

Later that person gift that land to A. A later cannot say the earlier sale deed was invalid as he was not an owner. Principle of estoppel will not allow A to retreat from his earlier position.

Estoppel is rule of equity. Rule is based on justice, equity and good conscience.

Estoppel is applicable only for civil cases.

 

The main ingredients of estoppel are

1)   There must be some representation

2)   The representation must be made with the intention to be acted upon

3)   Representation must have been acted upon.

There is one case related to university. For example if university awards you more marks by mistake, and on basis of those marks you get opportunity, job etc, then university cannot retract by it’s earlier position stating that they erred in awarding the marks.

There will not be estoppel against the act of government or legislature. For example, if government launch a scheme like “Double Your Money in 2 Year Yojna”.  Later they realize that it might lead to unnecessary expenditure on government, and they stop the scheme. You cannot stop the government from discontinuation of the scheme.

Section 116-Estoppel of tenant and of licensee of person in possession

 

There are two points.

1)   Between tenant and his landlord

2)   Between licensee and licensor

In first case tenant cannot say that landlord is not true owner. In second case also licensees cannot deny the title of owner.

Section 118-Estoppel of acceptor of bill of exchange, bailee or licensee

 

Under this section acceptor of bill of exchange is stopped from stating that drawer had no authority to draw such bill of exchange.

Bailee is a person with whom we keep goods. He is not owner of the goods. This section provides that bailee cannot deny authority of bailor.