Estoppel – Indian Evidence Law

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Deshpande v. Deshpande

The case is about a dispute between Gangabai and the plaintiff on the one hand and the defendant on the other hand in regard to the validity of the adoption of the plaintiff. The dispute was referred to an arbitrator, who stated the following: It is declared that the adoption of the plaintiff is not valid. It is declared that the right of adoption is lost to Gangabai from the very beginning. It is declared that the plaintiff is not and can never become entitled to the property belonging to the family of Devarao. The plaintiff’s claim is barred by estoppel as he received Rs. 8000  as a consideration for accepting the terms of compromise from the defendant and relinquished all rights which he then had or which he could ever have had in the future to the property belonging to the family of Devrao. The Court has concluded that the plaintiff was estopped from contending that Gangabai had the right to adopt him as a son to her deceased husband. The Apex Court held that therefore the suit filed by plaintiff is barred by estoppel, that he is not entitled to any relief which he has prayed for in his plaint, and the decree which has been passed by Trial Court and High Court have passed in his favor is liable to be set aside.

Shreedhar v. Munireddy

An estoppel is not a cause of action; it is a rule of evidence which precludes a person from denying the truth of some statement previously made by himself.  If a man either by words or by conduct has intimated that, he consents to an act which has been done and that he will not offer any opposition to it, although it could not have been lawfully done and that he will not offer any opposition to it. Although it could not have been lawfully done without his consent, and he thereby induces others to do that which they otherwise might have abstained from, he cannot question the legality of the act he had sanctioned to the prejudice of those who have so given faith to his words or to the fair inference to be drawn from his conduct. The factual conclusions arrived by the High Court, the appeal is bound to fail.

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