Doctrine of Estoppel || Section 115, 116, 117|| Indian Evidence Act, 1872
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- Опубліковано 12 жов 2024
- This video is based on Estoppel covered in Chapter 8 of Indian Evidence Act, 1872.
Case Laws:
1.Gyasri Bai v. Dhansukh Lal 1964
It was held by honorable apex court that if the first two conditions are fulfilled, but the third is not, then there is no scope to invoke the doctrine of Estoppel.
2. The doctrine of Estoppel was developed in the case of Pickard v. Sears (1837) (Lord Denman)
3. The doctrine of promissory estoppels was developed first in Hughes v. Metropolitan Railway Co. 1877.
4. However, the doctrine lost its value and again brought back by Lord Denning in the case of Central London Property Trust Ltd. V. High Trees House Ltd. 1947.
5. The history of doctrine of promissory estoppel in India can be traced back to the case of Ganges Mfg Co. v. Sourajmul 1880, where the Calcutta High Court had held that the doctrine of estoppels was not only limited to the law of evidence, but that a person may be stopped from doing acts or relying on particular arguments or contentions.
Estoppel Against Government
6. Motilal Padampat Sugar Mills v. State of U.P. 1979
It was held that the government was bound by its estoppel and was liable to exempt the appellant from sales tax for a period of 3 years as per the earlier rule framed by it.
Estoppel Against Private Parties
7.Century Spinning and Mfg Co. Ltd. V. Ulhasnagar Municipal Council 1970
It was held by honorable Supreme Court that the concept of promissory estoppel also applies to private individuals or entities.
No Estoppel against Statutes
8. Jatindra Prasad Das v. State of Orissa and others 2011
Orissa high court held that there can be no estoppel against statutes and the statutory provisions and therefore, the said statutory provisions cannot be ignored on the grounds of an earlier administrative decision or precedent.
9. Olga Tellis v. Bombay Municipal Corporation 1986
It was held that there can be no estoppels against the constitution of India or against the fundamental rights.
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Thank u ma'am aapke wajah s bhut bacho ko benefit hua h directly and indirectly......thnx 🙏🙏
Extremely thorough and clear explanation 👌👌Great job ma'am (and especially thank you for the case laws 🙏🙏) bahot jald aapke channel ko 100k+ subscribers milenge. Amazing videos 👌
16:34 sec 116
18:25 sec 117
Thankew so much mam.....ur lectures plays a vital role in my exams 😇😇😇
Ur are such a great great teacher for us...keep it up🥰
Mam, please flesh the name of case laws on screen, I think it would be much better. You explain very well.
Madam, your lecture is good.🙏🙂
Carry on ma'am nice Explaination
Thanks a lot🙏
In short bhut acha thanks
Bahut hi accha explain kiya
Nicely explained madam.
You vidios very helpfull mam and make more vdeios
Ma'am please make video of section 8 evidence Act
Thank you mam
very nice xplaination maam...
Excellent.
Good explanation ma'am... thank eww
Amazing explanation
Awesome 👍 hai mam love from Pakistan
Hi Archana mam,
I am from Karnataka (Bangalore) and i am not a student.
I have 1 query "Whether rule of estoppel applies against plaintiff by virtue of his attestation on Ex.D-1 which is registered sale deed" .
Below is the Example
Illustration : 'A' as made agreement (But not Registered sale deed) with 'B' and 'B' Sold the property to 'C' with registration and Sale deed and here 'A' attested his signature as a witness (Knowing or unknowingly) under this sale deed.
Now the substantial question of law is that "Whether rule of estoppel applies against 'A' by virtue of his attestation on Ex.D-1 which is registered sale deed"
'C' went for appeel on 'A' asking that Property belongs to 'C'
Please let me know the answer
Mam aap samjhati bahut hi ache se h but thoda please slowly teach kijiye jyada fast nhi isse samaj me ache se ayega please it's my humble request..thank you mam
Thanks a lot for your valuable suggestion. I will definitely keep in mind for the next time. Thanks and sorry for inconvenience 🙏
Your explanation is easy to understand but I suggest you to make few vedios in English as well
Decent
Thanks a lot🙏😇
Ma'am, whether there is a action or not, Then? Plz...
ma'am what is issue estoppel? ??
please reply ma'am
thanku mam
Nice mam
thanks
Bahut bhater mam,yk bat samj nai ati ki case mi v/s. Mi commisnor ,emperor, pre counel , is prkar mi ,kon vadi, prtevadi in sabd ka MATLAB ki hota, please batliya,
I m really sorry 🙏 magar mujhe samjh nhi Aaya k aap kya puchhna Chahte hai🙏 plz explain.
Mam ydi believe nai karte to ye foreseeable nai ho GA,, danvad
Mam Love from Pakistan ❤
Mam hoga ya nai?
Mem thoda hindi me btao hindi medium student h
Theek hai main next time se dhyan rakhungi.. sorry for inconvenience 🙏
The wordings of example is quiet incorrect.
I m really sorry 🙏 but kya aap please bta sakte hai k Maine kya galat use Kiya taki agli Baar se main dhyan rakhu
"No sorry "🙏🏻.
The "example of estoppel is quiet confusing "i.e.,land business between A & B.
Thanku mam