Doctrine of Estoppel

DOCTRINE OF ESTOPPEL
The principle of estoppel is an important concept of the law of evidence. It is related to conduct. It
does not allow behaving in one way at a time and in another way at other time. There is no place of
contradicting a thing said in the law of evidence. It is also called Doctrine of Estoppel as rule of
Evidence, the doctrine of estoppel as laid down in section 115 of the Indian Evidence Act 1872, owes
its origin from the law in England. in the case of Pickward v. Sears, it was the will ful conduct of the
promisor that attracted the rule of estoppel whereas section 115 employed the word “intentionally”
rather than “wilfully”.
It is Dealt from Section 115 to 117 of the Indian Evidence Act, 1872
Doctrine of Estoppel: Introduction
Estoppel literally means- ‘to stop’. According to it, when any person says one thing at one time and
another thing at another time, then he prevented from doing so. This is an estoppel. It can be said in
simple words that- Where any person intentionally causes another person to believe a thing to be
true by his act, omission or declaration and such other person acts upon such belief, then that
person shall not be allowed to deny the truth of that thing, later in a suit or proceeding. It means
that a person cannot deny thing after having stated it to be true. In the case of B. Manjunath v.
C.G.Srinivas (AIR 2005 Karnataka 136), it has been stated by the Karnataka High Court that by
/It could be explained by an illustration. A person accepts his liability to make payment under an
arbitration award. Such a person cannot later challenge the award. (Mr. Govingji Javet and Co. v. Sri
Saraswati Mills Ltd., AIR 1982 Bombay 76.) Section 115 gives a good example. ‘A’ intentionally and
falsely leads ‘B’ to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that,
at the time of the sale, he had no title. He must not be allowed to prove his want of title.
Essential Elements
From the above definition of estoppels, the following essential elements of it reflect-
1.A person misrepresents by his act, omission or declaration,
2.Such misrepresentation is regarding the existence of any fact;
3.Such misrepresentation is intentionally caused to make a person believe a thing;
4.The other person believes such misrepresentation to be true;
5.The other person does some act believing such misrepresentation;
6.Such act causes injury to the other person; and
7.Such a person is unaware of the actual situation.
Types of Estoppel
1.Estoppel by deed- When any person becomes bound to another person on the basis of a record
regarding few facts, the neither that person nor any person claiming through him shall be allowed to
deny it.
2. Estoppel by Conduct-It is such estoppel which arises due to act, conduct or misrepresentation by
any party. When any person causes another person to believe by his word or conductor encourages
them to believe and the other person acts upon that belief and causes a change in their situation,
then the first person is stopped from denying truthfulness of his statements made earlier. Actually,
this is an estoppel of general nature.
3. Estoppel, by record- It is created by the decision of any competent court. When any court decides
finally over a subject then it becomes conclusive and the parties, their representative, executor,
administrator, etc. become bound to that decision. They can neither bring another suit on the same
subject nor can make the same subject disputed. They are stopped from doing so. It is alike res
judicata.
4.Equitable Estoppel- Such estoppels which have not been provided by any statute is called
equitable estoppel. The best examples of equitable estoppels are there in Section 41 and 43 of
Transfer of Property Act, 1882.
5. Promissory Estoppel- It has originated as an exception to consideration in the field of contract

law. When ant person promises another to lend him certain relief or profit and the other changes his
position on the basis of such promise, then the person making promise shall be stopped from stating
that his promise was without any consideration.
Exceptions:
1.It does not apply to those matters where both parties have the knowledge of truthfulness.
2.It does not apply against statutes. It cannot contradict the provision of statues. It cannot also
remove the condition of statues.
3.It does not apply to regulations.
4.It does not apply to ultra-virus orders and decisions.
5.It does not apply to questions of law.
6.It does not apply to sovereign acts of the government.

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DOCTRINE OF ESTOPPEL

Doctrine of Estoppel: Introduction

1.A person misrepresents by his act, omission or declaration,

2.Such misrepresentation is regarding the existence of any fact;

3.Such misrepresentation is intentionally caused to make a person believe a thing;

4.The other person believes such misrepresentation to be true;

5.The other person does some act believing such misrepresentation;

6.Such act causes injury to the other person; and

7.Such a person is unaware of the actual situation.

5. Promissory Estoppel- It has originated as an exception to consideration in the field of contract

3.It does not apply to regulations.

4.It does not apply to ultra-virus orders and decisions.

5.It does not apply to questions of law.

6.It does not apply to sovereign acts of the government.

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