Showing posts with label estoppel by judgment. Show all posts
Showing posts with label estoppel by judgment. Show all posts

Wednesday, 23 May 2018

Notes on Estoppel- S 115 of Indian evidence Act


S 115 of Indian evidence Act:-
When a person by his declaration,act or omission intentionally caused or permitted another person to believe a thing to be true and to act upon such belief,neither he nor his representative can be allowed to deny truth of that thing in a suit or proceeding between himself and such person or his representative.

Principle of S 115 :- In simpler language,a person can not be allowed to say one thing at one time and the contrary at another: He can not blow both hot and cold at the same time. It is not necessary
to prove that he acted with any fraudulent intention. He will be estopped if he himself was acting under a mistake or misapprehension.

This section does not apply where the statement relied upon is made to a person who knows the true facts and is not misled by the untrue statement .There can be no estoppel if true facts
are known to both the parties.
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Thursday, 20 February 2014

Whether compromise decree creates an estoppel by Judgment?

Apex Court has observed that the Judgment by consent is intended to stop litigation between the parties just as much as a Judgment resulting from a decision of the court at the end of a long drawn out fight. A compromise decree creates an estoppel by Judgment.

Bombay High Court
Smt. Laxmibai Laxman Medhi, Smt. ... vs Shri Kesarimal Premchand Parmar ... on 5 July, 2007
Equivalent citations: 2008 (1) CTLJ 118 Bom, 2007 (4) MhLj 219

A.M. Khanwilkar, J.
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