Friday 30 December 2016

What is doctrine of estoppel?Elements of estoppel

In section 115 of The Evidence Act-1872, it has been stated that
 " When one person has by his declaration, act, 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 that thing."

Explanation:- A intentionally and falsely leads B to believe that certain lands belongs to A , and thereby induce B to buy and pay for it. The lands afterwards becomes the property of A and seeks to set aside the sale on the ground that at the time of sale he had no title. He must not be allowed to prove his want of title. 
Elements of estoppel:-  There must be a representation by declaration.act or omission.
  1. The representation must be relate to a fact as distinguished from matter of law.
  2. The representation must be false and his false representation must have been made with the knowledge of facts I. E must have been made knowingly.
  3. It must have been made with the intention that the other party would act upon it.
  4. The other party must have been ignorant of the truth if the matter.
  5. The person to whom the representation is made must believe the representation and act upon it and thereby altered his position.
  6. The other party must have already suffered damage or injury or must have sustained some loss.
Q: Where estoppel is defined ?
(A)  Section 115 
(B)  Section 120
(C)  Section 118
(D)  Section 119
Q: Is Doctrine Estoppel enforceable by law?
(A) Yes
(B)  No
(C) If Courts considered
(D) None
Q: What is feeding the grant by Estoppel?
(A) Barred by estoppel
(B) Barred by weaver
(C) Barred by  doctrine of Res Judicata
(D) All


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