Doctrine of Estoppel

SECTION-115-117

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN 06/06/2024 1

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN 06/06/2024 2
Section 115 - Estoppel
When one person has, by his declaration, act or omission,
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.
Illustration
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.
SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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The term ‘Estoppel’ is derived from the maxim,
“allegans contraria non est audiendus” which
implies a person alleging contradictory facts should
not be heard, and is the species of “presumptio
juris et de jure”, wherein the fact presumed is
taken to be true against the party stating the same.
Principle of Estoppel was established in the case of
“Pickard v. Sears, 1837 6 Ad & El 469, 474”,
wherein a person by his words or conducts induces
to another person to believe a fact and
subsequently acts according to that belief or to
alter his previous position, the accused is barred
from later changing his position.

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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Estoppel is a disability whereby a party is precluded from
alleging or proving in a legal proceeding that a fact is otherwise
than it has been made to appear by the matter giving rise to that
disability. The principle says that a man cannot approbate and
reprobate or that a man cannot blow hot and cold at the same
time or that a man shall not be allowed to say one thing at a time
and different thing at other time. It must be noted that estoppel is
only a rule of civil action and has no or limited application in
criminal proceedings.
In criminal law, “Issue-estoppel” is recognized. According to
this rule, evidence cannot be led to prove a fact in issue as
regards which evidence has already been led and a specifis
finding recorded at a criminal trial before a court of competent
jurisdiction. Thus, it does not constitute a direct ban to the
subsequent trial of a person for an offence other than the one
arising out of the same transaction, for which such person was on
trial previously resulting in acquittal or conviction in such trial.
The rule only relates to the admissibility of evidence which is
designed to upset a finding of fact recorded by a court at a
previous trial.
SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN
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Estoppel is dealt with in Section 115 to 117 of
the Evidence Act. While, Section 115 contains
the general principle of estoppel by conduct,
Section 116 and 117 are instances of estoppel
by contract. However, there are other
recognized instances of estoppel, viz., The
Indian Contract Act, The Specific Relief Act
(Section 18), The Transfer of Property Act
(Section 41 and 43).

SUNEEL KUMAR, ASSISTANT PROFE 06/06/2024 6

SSOR, ICFAI LAW SCHOOL DEHRAD
SUNEEL KUMAR, ASSISTANT PROFE 06/06/2024 7
SSOR, ICFAI LAW SCHOOL DEHRAD
SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN 06/06/2024 8
Kinds of Estoppel
Following are the different kind of estoppels:-
1. Estoppel by Record
It is mainly concerned with the effects of judgment and their admissibility in
evidence, this form of estoppels deals with Section 11 - 14 of the Code of Civil
Procedure and Section 40-44 of the Indian Evidence Act. It arises when a
judgment has been given by a competent court and due to that a person, who
was a party or his representative to the case already decided is estopped to
reopen the case. This principle is not used in India but we use the principle of
Res judicata to get the same effect. It should be noted that an appeal is
considered to be the continuation of the same case and thus it will not come
under the principle of Res-judicata.
2. Estoppel by Deed
When a party has entered into an engagement by a deed claiming certain fact,
neither he nor his representatives can contest these facts later. This principle
only applies between parties and privies. No estoppels can rise from material,
which are non- binding and irrelevant to the matter. If a deed is tainted or
fraud, no estoppel can arise from it.
3. Estoppel by Pais or Conduct Estoppel in pais arises from an agreement,
contract, act or conduct of misrepresentation, negligence and omission which
has induced in the change in position in accordance with the acts or conduct of
the other party. i.e., S.115-117 IEA.
SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN
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4. Equitable Estoppel When a person tries to take a legal action that
would conflict with his previously given statements, claims or acts,
this legal principle would prohibit him from doing so. So, the
plaintiff would be stopped from bringing a suit against the
defendant who acted pursuant to the commands of the plaintiff.
Estoppels which are not covered by the Evidence Act may be
termed equitable estoppels. But according to Prof. V.P. Sarathi,
this is a misnomer as estoppel was originally an equitable
doctrine.
5. Estoppel by Silence
Where there is an inherent duty of one person to inform the other
person of accurate facts and circumstances but remains silent, his
failure to discharge this duty will work as estoppels against him.
In a scenario there was no duty for the person to speak, no
estoppel can be imposed. Silence of such a character which could
lead to misrepresentation and subsequent fraud, this would
operate as a ground for estoppel.

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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6. Estoppel by Acquiescence
When one party, through a legitimate notice, informs the
other party about the facts of a claim, and the other party
fails to acknowledge it, that is, neither he/she challenges it
nor does refute it within a reasonable period of time. The
other party now would be estopped from challenging it or
making any counterclaim in the future. The other party is
said to have accepted the claim though reluctantly, that is,
he/she has acquiesced it.
7. Estoppel by Negligence
Ground of negligence in shown in the plea of estoppel as,
the party owned a duty towards the general public or
anyone else towards whom he has acted negligently
through words or conduct. For plea of estoppel based on
negligence to stand, the party must establish that the act of
negligence was part of the transaction itself and it should
be so connected with the result to which it led that it would
be impossible to consider these two separately.

SUNEEL KUMAR, ASSISTANT PROFE 06/06/2024 11

SSOR, ICFAI LAW SCHOOL DEHRAD
8. Promissory Estoppel :
Doctrine of estoppel has gained a new dimension in recent years
with the recognition of an equitable doctrine of ‘promissory
estoppel’ both by English and Indian courts. The ‘promissory
estoppel’ binds a party by his promise made to the other party,
having faith in which the other party has taken an action. The
party cannot make contracting or conflicting statements later on,
neither he can go back on his words.
Promissory estoppels cannot be invoked if change in the
representation made by a government official is beyond his
powers. Government agencies are not entirely immune from the
operation of promissory estoppels. Government agencies are
required to work within the framework of the legal structure.
Government agencies are not allowed to backtrack on their
promises. Doctrine of promissory estoppels cannot be build
against those agreements which are in contravention of the law. If
a promise made by an executive officer is beyond his power, no
estoppel can be imposed. A mere promise to make a gift will not
create an estoppel. It would require a clear and unequivocal
promise to import the doctrine into a matter.
SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN 06/06/2024 12
Srl. No. Estoppel Promissory Estoppel

1. Representation is made to an Representation of a future intention

existing fact. is made.

2. It is supported by parties It is supported by parties future

consideration. conduct and not a consideration.

3. Estoppel has been dealt in section 115 to 117 of There exists no provision in the Indian Evidence
the Indian Evidence Act, 1872 which
Act, 1872. defines promissory estoppel.

4. It is only available as a defence It can be used as a cause for action

to obtain damages.

5. Estoppel has been dealt in tort Promissory estoppel has been dealt
law. in the Indian Contract Act, 1872.

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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Section 116 - Estoppel of tenant; and of licensee of person in
possession
No tenant of immovable property, or person claiming through such
tenant, shall, during the continuance of the tenancy, be permitted
to deny that the landlord of such tenant had, at the beginning of
the tenancy, a title to such immovable property; and no person who
came upon any immovable property by the license of the person in
possession thereof, shall be permitted to deny that such

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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Section 117 - Estoppel of acceptor of bill of exchange, bailee or licensee
No acceptor of a bill of exchange shall be permitted to deny that the
drawer had authority to draw such bill or to endorse it; nor shall any
bailee or licensee be permitted to deny that his bailor or licensor had, at
the time when the bailment or licence commenced, authority to make
such bailment or grant such licence.
Explanation 1.--The acceptor of a bill of exchange may deny that the
bill was really drawn by the person by whom it purports to have been
drawn.
Explanation 2.--If a bailee delivers the goods bailed to a person other
than the bailor, the may prove that such person had a right to them as
against the bailor.

SUNEEL KUMAR, ASSISTANT PROFESSOR, ICFAI LAW SCHOOL DEHRADUN

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