RULE OF ESTOPPEL UNDER THE EVIDENCE LAW
Written by-Riddhi Chadha (IP university)
Introduction
The word ‘ Estop ‘ is derived from an ancient English dictionary which originally means to stop. In general, estoppel arises only when a person does some act which will preclude him from averring anything to the contrary.
Estoppel is defined by the “Lord Coke” as it is called the conclusion because a man’s own act or acceptance stoppeth or closets up his mouth to allege or plead the truth[1] . The doctrine of estoppel is founded with reference to the equitable doctrine that it would be most unjust if a person should be allowed to deny the effect of his former statement on which the other person acted.
Nature and Scope
The principal of Estoppel is a general rule of evidence. It is a simple and equitable doctrine that is incorporated under section 115 of the Evidence Act 1872.
According to this section, the rule of estoppel applies when one person by his declaration, act, or omission caused another person to believe a thing to be true and to act upon. In such a case neither he nor his representatives are allowed to deny the truth of that thing. It is also known as estoppel by conduct and it is different from estoppel by record[2] .
With the help of this principal party is stopped from denying a fact in court. It is also known as the rule of exclusion as it makes evidence of a relevant fact inadmissible[3]. Section 115 of the Indian Evidence Act is based on the doctrine laid down in Pickard vs. Sears[4] . The rule of estoppel is based on the maxim, allegations contraria non est audienous[5] .
Estoppel is considered as a rule of evidence. It is also similar to an irrebuttable presumption of law and it also used to prevent rebuttal of facts by another part, Estoppel is mostly considered as a rule of substantive law and it has the power to affect the admissibility of evidence[6] .
However, Stephen believed that Estoppel is a law of pleading rather than the law of evidence[7] . On the other hand, Best said that the estoppel belongs rather to substantive than to adjective law[8] . However, it can be concluded from the above discussion that the principle of Estoppel has some characters of substantive law.
Conditions and Preconditions of Estoppel
Estoppel must be precise and clear, it should not be ambiguous and it should not conflict each other as the conflicting estoppel cancels each other[9] . Apart from this, the other important condition is that the estoppel must be mutual, which means it must bind most of the parties in the court of law. As held in Bradshaw N.M Mullan[10] , Estoppel cannot circumvent the law.
In case of a minor where he/she cannot evade by any estoppel under this rule. Apart from these, there are some preconditions which should be kept in mind before invoking the rule of estoppel such as :
- There should be a factual representation by one party to another.
- There must be an acceptance of aforesaid factual representation by the other party.
- The other party must alter his position after having relied on the aforesaid factual representation
Kinds of Estoppel
According to coke, there are three kinds of estoppel :
- Estoppel by Res Judicata or by Matter of record
- Estoppel by Deed
- Estoppel by Matter in paiis
The first two are also known as technical estoppels. Estoppel by record means that the matter is res judicata[11]. Res judicata means estoppel by judgment. In this, the final decision of a competent court cannot be contradicted, once pronounced between parties litigant. Other than this, estoppel by deed binds the parties through matter in writing. The existence of this kind of estoppel is less in India. [12]
In India, there is no special sanctity for representation contained in a formal deed. Such representation in a document is the only admission in India and it does not contain estoppel. Estoppel by Matter in paiis is defined as a transaction of assurance between two or more private persons in pais[13]. This kind of estoppel arises from a contract. Section 115-117 of the said Act deals with this kind of estoppel. In criminal cases, we cannot apply the principle of estoppel, since it is only for civil actions.
Promissory Estoppel
Promissory estoppel is a new area in the field of estoppel which has been developed in recent years. It gets recognition in Indian courts as well as in courts of England. Promissory estoppel is used when there is a promise by a promisor and such promise must be binding to avoid injustice. In order to apply this kind of estoppel, there must be a promise made by one party in order to create legal relations . The other party to whom the promise is made must act upon it and in such case, the party who made promise cannot go back and such promise will be binding. We can also apply this against the state in order to prevent fraud or manifest injustice.
[1] 10 RCL 675.
[2] Sunderbai vs. Devrao Deshpande, AIR 1954 SC 82.
[3] An Introduction to Evidence by G.D Nokes, pg.192.
[4] Pickard vs. Sears (1837) 6AD & EL 469 .
[5] A person alleging contradictory facts should not be read.
[6] LOW vs. Bouverie, 60 LJCH 594.
[7] Stephen, Digest, 200.
[8] Best, 462.
[9] See Holdsworth, IX, 153.
[10] (1920) 2Ir R 412 (HL).
[11] Abdul Ghaffar Khan v. Ishtiaq Ali, AIR 1943
[12] D.Johnstone vs. Gopal Singh, AIR 1931
[13]a Defined by black stone
LawJustify 