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ESTOPPEL CASE LAWS CITATIONS

Sypnosis No.1 – Estoppel “Meaning of”

1. AIR 1954 SC 481:
Esyoppel is a rule of evidence which prevents a party from alleging and proving the truth.

2. AIR 1950 NAG 22:
For the purpose of rule, conduct by act or omission amounting to representation is on the same footing as an express representation.

3. AIR 1965 SC 1812:
The object of Estoppel is to stop or to prevent fraud and to insecure justice between the parties by promotion of honesty and good faith.

4. AIR 1990 KER 146:
Where the evidence has been recieved without objections in direct contravention of an imperative provision of the law the principal on which un-objected evidence is admitted can not be challenged by opposite party at a later stage in the Appellate Court.

Sypnosis No.3 – Promissory Estoppel. Principal:

5. AIR 1995 ALL. 19@ p.(20)]:
The proposition of promisory Estoppel shall not bind other person or saddle liability on other persons because of statement of a third person.

6. AIR 1996 KER 161 @ pp.(163,164):
Though the doctrine has been variously described as “Equitable Estoppel”, “Quasi Estoppel” and “ New Estoppel”, it is a doctrine evolved by equity in order to prevent injustice.

Sypnosis No.8 –Kinds of Estoppel:
7. AIR 1956 ALL 225 (FB)]:
Estoppel in pais i.e Estoppel by conduct, Article 114, Qanun-E-Shahadat Order.

Sypnosis No.9 –Essential Condition:

8. AIR 1992 BOM 233 @ p. (240)]:
One of the essential requirement was that “one party by his words or conduct made to the other makes a clear and uneqivocal promise or representations which was intended to create legal relations or affect a legal relationship to arise in the future having regards to the dealings which have been taken place between the parties.

9. AIR 1994 SIKKIM 1:
A promise must be extended and party must have acted upon such promise. There are two conditions precedents for invocation of the doctrine.

Sypnosis No.11 –Estoppel by Record:

10. AIR 1958 ALL 207; AIR 1971 ALL 334:
If a matter is not directly or substantially in issue there can not be estoppel by Res Judicata.

11. AIR 1959 AP 180; AIR 1970 BOM. 341:
Judgements not inter partes do not create estoppel.

12. AIR 1922 PAT 63:
Res Judicata is founded on the principal that there should be an end of the litigation. Estoppel is a rule of evidence based on the principal that aman who by his act or statement has induced another to believe a thing to be true should not afterwards be heard to deny the truth of that thing to the prejudice of the other who acted upon the belief so induced.

13. AIR 1943 OUDH 354 (FB)]:
Estoppel by record means nothing more generally than that the matter is Res Judicata.

ESTOPPEL HAND NOTE HEADINGS RELEVANT CASE LAWS CITATIONS:

Heading No. Heading Citation
1 Introduction AIR 1954 SC 481
5 Defination of the term AIR 1992 BOM 233@p. (240)]
6(1) Representation AIR 1950 NAG 22
6(2) Illustration AIR 1956 ALL 225 (FB)]
6(7) Some one must believe it AIR 1994 SIKKIM 1
6(8) Some one must act on it AIR 1922 PAT 63
7 Object of the doctrine AIR 1965 SC 1812
8 Basis of the doctrine AIR 1996 KER 161@pp.(163,164)
10 Estoppel is a rule of evidence AIR 1990 KER 146
11 Effect of Estoppel AIR 1995 ALL. 19@ p.(20)]
17 Kinds of Estoppel AIR 1943 OUDH 354 (FB)]
17(3) Estoppel in pais or Conduct AIR 1956 ALL 225 (FB)]
18(3) Representation on question of fact AIR 1959 AP 180
AIR 1970 BOM. 341
18(6) Waiver of Estoppel AIR 1958 ALL 207
AIR 1971 ALL 334

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