The Doctrine of Estoppel as a Rule of Evidence: An Overview

  • Ashish Mishra,
  • Harsh Bhardwaj and Shailender Singh Rana
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  • Ashish Mishra

    Student at Himachal Pradesh National Law University, Shimla, India

  • Harsh Bhardwaj

    Student at Himachal Pradesh National Law University, Shimla, India

  • Shailender Singh Rana

    Student at Himachal Pradesh National Law University, Shimla, India

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This paper pertains to section 115 of the Indian Evidence Act, which aims at The researcher has to analyze and study the implementation and terms of the theory Estoppel which is given under the same. Ever since the principle of estoppel has been explained and applied in judicial proceedings, there has been a conflict of views Whether estoppel is the law of proof or the rule of substantive law. estoppel's principle is recognized in India as a rule of evidence included in the scope of the section. Rule The estoppel depends on certain facts for its application. Therefore, it should be specifically, Unless there is an opportunity to do so, for example, in cases where there is no pleading, in which case the party relying on the estoppel must raise it by objection in another form The earliest possible stage of action. According to the principle recognized in The Doctrine of Res Judicata—"When a person, by his declaration, act or omission, has knowingly allowed another person to believe something to be true and to act on such belief, neither him nor his representative shall be allowed to act between him and him. shall be permitted in any litigation or proceeding. such person or his representative, denying the truth of that matter. Illustration A willfully and falsely convinces B that some land belongs to A, and thereby induces B to buy and pay for it. The land later becomes the property of A, and A tries to annul the sale on the grounds that he had no ownership at the time of the sale. He should not be allowed to prove his lack of title.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 2, Page 302 - 309


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