Doctrine of Estoppel || Section 115, 116, 117|| Indian Evidence Act, 1872 #archnasukhija #estoppel
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This video is based on
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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Please do not forget to like, comment, subscribe, share and support. It matters to me a lot.
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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.
For more videos, click on the links:
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Presumptions Related to Documents
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Transfer of Property Act, 1882|| An I...
Section 5 of Transfer of Property Act, 1882
Secction 5 TPA 1882 || Transfer of Pr...
Injunctions Chapter VII and VIII of Specific Relief Act,1963 and Order 39 Rule 1-5
Chapter VII & VIII || Specific Relief...
Section 20 of Specific Relief Act, 1963.
Section 17,18 and 19 of Specific Relief Act, 1963
#sra #section17specificreliefact Sect...
Section 12, 13, 15 of Specific Relief Act, 1963
#specificreliefact #sra #section12sra...
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Section 511|| Chapter XXIII || Indian...
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Receiver
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Counterclaim and set off
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Please do not forget to like, comment, subscribe, share and support. It matters to me a lot.
Thank You
With
Best Wishes!
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