In India, Media is considered the fourth pillar of democracy. Democracy is founded on the principle that people have a say in the governance of the country. The press or media gives them the platform to say what they want. They play an important role in framing the opinion of society and people at large. This pillar is capable of changing the whole viewpoint through which people perceive various events. We all know that the circulation of newspapers and magazines in English as well as the various regional languages has been continuously growing in our country. Moreover, the advent of cable television, local radio networks, and the internet has greatly improved the reach and impact of mass media in the past two decades. Evidently, they make people aware of the various happening in the country and across the world. We should acknowledge that existence of free, unbiased, independent, and powerful media is the cornerstone of democracy and especially for a country like India having a mixed society. For that, it is required that these kinds of rights are backed by law so that the people are not deprived of their basic rights. But, what allows them to do so? Who empowers the press for bringing crime and other information into the public domain which affects society? Do they have any special privileges? This article explains the necessity of a free press in the proper functioning of the country. Further, it emphasizes various power and privileges to the press and media including the right to publish legislative and judicial proceedings. Indian Judiciary has held many times that the printing and publication of the news is an essential right of the press. Although, there is no specific provision dealing with powers Courts have recognized the rights of the press time and again.
Volume 4, Issue 2 / 2022
Articles · 29
Reproductive rights are the legal rights associated with contraception, abortion, fertility treatment, reproductive health, and get right of entry to records about one's reproductive physique. Reproductive rights shield human beings' freedom to decide approximately their body's capabilities to reproduce. Reproductive rights seek advice from the aggregate of human rights that cope with topics of sexual and reproductive fitness. Reproductive rights are sheltered through the application of human rights guidelines, countrywide legal guidelines, constitutions, and regional and worldwide treaties. While reproductive rights are instrumental to accomplishing population, health, and improvement desires, they may be additionally critical in themselves as human rights predicted to defend the inherent dignity of the man or woman. Reproductive rights, in particular, consisted of rights to reproductive autonomy, rights to sexual and reproductive fitness offerings, records, education and rights to equality and non-discrimination. This paper is an attempt to analyze the factors associated with reproductive rights in India as well as in the State of Rajasthan.
In India today, the media is not just a medium of communication, but also a source of public opinion and it has the ability to manipulate our minds since we have a tendency to trust what we hear and see without questioning its source. People in Indian democracy have a tremendous deal of respect for the media, and they have complete faith in the information they offer. The media has a responsibility to the citizens because they trust and have faith in it; this trust and faith must be preserved, and the media must maintain its dignity. The goals of the media, authors, publishers, channels, editors and reporters have shifted from 'truth' to 'business of truth,' and they are now selling their stuff solely for profit. Rich businesses and politicians fund the media, and media personnel profit handsomely from them; as a result, they have become nothing more than a puppet for them. Political parties are now in charge of media promotions People are more prone to believe and accept all media reports and coverage. The freedom of the press is guaranteed by Article 19 (1) (a) of the Indian constitution, which is derived from the freedom of speech and expression (1949)
Women Trafficking in India have been a developing issue in South Asia. However illegal exploitation is obviously restricted through Article 23 of the Indian Constitution, it is as yet rehearsed in the Nation and is significantly influencing women and young women. The deep-rooted male-centric design and the orientation segregation are extra for women dealing which significantly prompts prostitution. The pervasiveness of dealing with women is expected by various basic freedoms and administrative associations as need might arise to be tended to, yet the uncontrolled and complex activities concerning illegal exploitation make it hard to indict and rebuff the dealers. To begin, this study examines the impact of male domination and gender inequality in society, which has resulted in a dictatorial system that makes it difficult to eliminate women trafficking and prostitution. Second, this report highlights the flaws in present legislation, highlighting how the lack of a strict legal framework to outlaw women trafficking makes prosecuting traffickers extremely hard. As a result, strict and methodical legislation is required. Finally, this research examines the survivors' post-rescue processes, as well as the involvement of NGOs and other organisations in victim rehabilitation.
A Standard form of Contract (SFC) is a contract between two parties which doesn’t allow a scope for the parties to negotiate the terms of the contract concerned.The Article Tries to Compare the Standard Form of E contracts Of US and UK along with the Present Indian Scenario, the Approaches which led to the formation of Standard forms of Contract, the subsequent issues which arise when SFC are taken into the internet. The author also gives an insight on the new E-commerce rules released by the Department of Consumer Affairs and the impact it would have on E-commerce players.
The money launderers invented numerous advanced techniques and means by which crimes can be committed better using the developments in Information and communication technology, especially the internet revolution. Internet revolution and growth of e-commerce with borderless online purchases and payments just with a click of the mouse on the Internet has become very convenient to the money launderer today. The antimony laundering measures of the Governments lagging behind the money lauders of this cyber age, as they have to switch over from the traditional AML strategies to that techno-savvy strategies in the light of numerous hurdles and to make the globe free from the evil effects of money laundering in the future.
“Twitter’s CEO Jack Dorsey sold an NFT of his first tweet for the equivalent of USD 2.5 million”. You all must have seen many headlines like this on your mobile screens over the past few months, which is of no surprise being one of the most viral technological stories in the year 2021. While we were still trying to grasp various intricacies of blockchain technology and cryptocurrency, another concept by the name of NFT has occupied our laptop and mobile screens. NFT have caught the eyes of the people as early as 2012, how it was only in early 2017 that it took the world by storm. Now those of you who have little interest in technology and still wondering how can a tweet be sold for such a huge amount of money will be more surprised in knowing that tweets are only one of the plethora of things which are now tradable using NFT. A perfect example of this would be crypto kitties, which allow people to trade virtual kitties over the internet, making people turn head-over-heels. The craze of NFT has also reached our Bollywood industry and various celebs like Amitabh Bachchan who have even planned to launch his NFT collection of movie posters. It is no doubt in saying that this breakthrough technology has huge potential and has instantly taken the art and tech worlds by storm. Hence become necessary to look at its various implications in the field of IP rights.
Sexual offences are a broad range of Sexual Behavior that makes the victim feel uncomfortable, threatened and embarrassed. The sexual offence includes rape, sexual harassment, being made of pornographic photos, Sexual assault, Rape with children, Sexual communication with children and abuse for sexual activity. Through this research paper, the researcher wants to present the sexual offences which are committed against women and children in society. There are many Acts and laws which are enacted by the government for the protection of women and children. (The Protection Of Children From Sexual Offences ACT 2012) Amended by (The protection of children from sexual offences bill 2019) According to this bill those who commit a penetrative sexual assault with children below 16 years would be punishable up to 20 years imprisonment and fine both. Section 375 - 377 of the Indian Penal Code describes punishment related to sexual offences. Section 354A of IPC describes the punishment for Sexual Harassment Even after enacting these acts by legislation sexual offences is committed on a large scale in society. The condition of women and children are pathetic in society. In this research, the paper researcher wants to examine the reason and mentality of the person who was committing the sexual offence.
The Covid-19 pandemic has exposed the strengths and weaknesses of the various federal governments. The model of cooperative federalism has proved beneficial in several countries, especially in the initial stages of the pandemic. The German model of administrative cooperative federalism has been immensely successful in the battle against the pandemic. However, the Indian cooperative federalism has failed miserably even though it looked promising during the first wave of the pandemic. This paper examines the federal provisions of the Constitutions of the USA, Germany and India and draws a comparative analysis of the implementation of such provisions and legislations as to how the various models of cooperative federalism fared against the unprecedented Covid-19 Pandemic.
Intellectual Property Rights and Competition law are two faces of the same coin. One compliments another and at times One overpowers another. After Liberalisation, Privatisation and Globalisation the market economy changed drastically. Even statutes were amended and new concepts were introduced. The economy of not just India but other nations' economies too depends majorly on these two subjects. Whether we talk about the Currency Basket or about the exploitation of the biocarbon resources, all can be determined by IPR and Competition Law.
The emergence of fantasy sports has allowed sports fans to experience what it is like to be down on the real field during a real game. The start of fantasy sports in India can highly be credited to the popularity of the game Cricket in India. So, it is not surprising that fantasy sports game platforms like Dream-11 have been highly successful in India. But despite the popularity of and success garnered by it, the entire fantasy sports market stands in a regulatory grey area. Few of such grey areas have been challenged in the case of Ravindra Singh Chaudary vs Union of India.
This paper discusses the importance of strict interpretation rule and also shows that the judges have maintained it with changing times and technology and also courts have tried to interpret the penal statutes with strict interpretation as much as possible. “According to criminal jurisprudence, an alleged accused is presumed to be innocent until proven guilty beyond reasonable doubt”. The maxim “nullum crimen sine lege” means that there is no crime without a law. Therefore it is necessary to strictly interpret the penal statutes so that no injustice is done to any innocent individual.
Intellectual Property rights deal with the creative works of the innovator which gives exclusive rights to them. Competition law on the other side seeks to benefit the consumers by avoiding market barriers by ensuring increasing the quality of suppliers of goods and services to effectively compete with each other. The relation between these areas imposes a greater challenge to the makers of the law, especially in countries that are developing. Competition and Intellectual Property law are very much required in a regulated type of market economy. They are in conflict with each other but they almost have the same goal which is to reach efficiency and social welfare in the market. But because there are differences in the approaches and methods in achieving the goal there it leads to conflict among them. The policy of IPR is basically to promote novel innovations which can ultimately be useful to the consumers. Thus, the development and encouragement of these are considered to be important. Under competition law, the provisions ensure fair competition in the market and restrict abuse of dominant position and anti-competitive practices. The economic loss that can arise by not taking into account the complementary nature is very important for the development of the country when it is compared with the international markets. Thus, there need to be a stronger and more efficient legal framework is required for facilitating the intersection of the two laws relating to it. Here, this study aims to acquire in-depth knowledge about competition & IPR law. It deals with balancing intellectual property and competition policies in the market and the conflict between the two which has resulted in the strengthening of IP protection on the universal scale. In this paper, we also discuss the provisions of the Indian competition act and the court’s opinion relating to this in various jurisdictions. The same shall be carried out by analyzing the provisions of both laws and the related legal aspects.
Purpose: The purpose is to use the jurisprudential frameworks given by Isaiah Berlin, Henry Shue, Amartya Sen, Martha Nussbaum, and Iris Young to analyze various provisions of the anti-trafficking bill 2021 from the perspective of a sex worker who is perturbed to be the beneficiary of the legislation. Findings and Practical Implications: The paper concludes that the act restructures the new provisions on the same erroneous assumptions about what sex workers want. The bill also fails to provide for a workable capabilities approach model as conceptualized by Sen and Nussbaum. Originality, Value: This paper seeks to add a jurisprudential dimension to understanding the shortcomings of the act, especially in relation to the mandatory repatriation of victims to their origin country.
The Indian banking system can pass cashless with the resource of Internet banking. Internet banking is likewise called e-banking or online banking or digital banking. It is a digital price facility that allows clients of a financial institution or different monetary establishments to behavior quite a several monetary transactions via the monetary establishment’s websites. There are different forms of online monetary transactions famously referred to as center banking consisting of Nation Electronic Fund Transfer (NEFT), Real-time gross settlement (RTGS), Electronic clearing gadget (ECS), Immediate Payment Service (IMPS), Automated teller machine, Smart cards, Telebanking, etc. Online banking frauds in India have increased tremendously. In India, there aren't enough Internet banking legal guidelines However the Reserve Bank of India has issued some tips on the trend in this regard, though it isn't enough to make the banks comply with sturdy and required cyber safety procedures. This paper highlights the brand new traits withinside the Internet banking addressing the cyber issues, its blessings, and downsides with unique connection with customers and bankers through the internet.
One of the most debated and sensitive topics of legal moral and social jurisdiction, Euthanasia still happens to be a question. A question of whether it is help or helplessness whether it is right to die or legal suicide whether it is mercy or murder. This article talks briefly about the pros and cons of euthanasia. This talks about all the aspects, points, and important events in the history of euthanasia. Starting from its literal meaning of it to the questions it raises about humanity. This article covers the topic in an orderly manner which is the literal meaning of it i.e. EU means well or good and Thanos means death in Greek, together well or good death, then what is euthanasia? And why it is so significant? Including some landmark cases and decisions that are making euthanasia significant. Then the arguments against euthanasia include the subtropics like management of health care, malafide intention, and its negative impact on society. Then there are the counter arguments of euthanasia supporters with points like a burden on family and expensive treatments etc. Then comes the topic which says legalization of Euthanasia in India and landmark cases and legal-related aspects. And the response to this legalization of euthanasia in our country. And hence Finally concluding the topic.
Both anti-dumping laws and competition laws are important laws to regulate global market at large and domestic market, in particular. These laws share the same origin, but still they are different in various aspects. In the early years of adaption of anti-dumping laws, it served the purpose of both anti-dumping and slightly of the competition. It was based on the situation of ‘International Price Predation’. But later on the focus of the anti-dumping law changed and started concerning less and less about the competition. Now the present anti-dumping law completely ignores the competition in market and even less concerned about the issues of predatory pricing. So the major conflict between both Anti-dumping law and Competition law is on ‘Price Discrimination’ which is prohibited under competition law only if it has negative impact on the competition in market and trade, while it is completely prohibited under anti-dumping law as it ignores competition in market. There are various areas of overlapping and conflicts between the competition laws and anti-dumping laws. Both the laws have different objectives to fulfill, because of which they partially appear to contradict one another. Competition law works to ensure consumer welfare and healthy competition in market, while antidumping law is nothing but a trade remedy.
Marriage is sacrosanct in Indian culture, and the wife is expected to entirely submit to her husband. The rest of the world has not heard much of marital rape as a crime, but in the legal space marital rape/spousal rape is not a new term. Is it true that in a marriage between two individuals, permission for sexual encounters is implied? Is it true that a woman's consent fades after she marries? These are issues that emerge in the context of marriage yet are rarely addressed. Concerns about marriage consent and sexual experiences have grown louder in the twenty-first century. Women have the right to privacy and personal liberty, but married life is different. Women were given equal status during the Vedic period but deteriorated and worsened after many invasions and especially during the British invasion in India. India is one of the few countries where marital rape is tolerated. When a woman's right to her own body is abused on a daily basis under the pretext of marriage where does that leave her? Marital rape is a human rights violation against women. The authors examines the assumption of consent in marriage, as well as judicial developments toward criminalization of marital rape. Marital rape is a crime which has been unnoticed for a long time and it needs to be criminalized.
Every human being is equal and should be treated as such, regardless of their physical or mental abilities. Disabled people, on the other hand, are frequently mistreated and deprived of basic rights in the world. Every human being is born with the same dignity and rights. Human rights abuses, stigma, and discrimination affect people with disabilities all around in the world. This is owing to society's apathy, which leads to condemnation and hostility toward such people. The term "visual impairment" is used to describe any type of vision loss, whether it is complete blindness or partial blindness. Vision is a continuous, thorough, and exact source of information about objects and people, as well as a repository of personal data. This direct source of knowledge, social engagement, and socially oriented behaviour is hampered by vision impairment. Because blind people lack superhuman senses, they must rely on their other senses to navigate. Hearing is the major sense for blind people, whereas vision is the primary sense for them. Human rights and fundamental freedoms enable us to develop our inherent characteristics, intelligence, abilities, and conscience in order to meet our material and spiritual needs. Blind persons are frequently denied access to health care, support, education, and jobs. After Appropriate implementation of laws is a positive step in ending discrimination against people with disabilities and their social, economic, and cultural isolation. However, we have a long way to go in our attempts to create a society that is sensitive to and caring of blind people. In this Research article based on the rights of blind people, legislation for the protection of blind people's rights, issues experienced by blind people in society, and viable solutions for securing their rights.
Ralwsian fair equality of opportunity encompasses in it the difference principle, the principle of redress, fair background and norm of priority. The paper studies the application of these principles keeping in view the recent development of State governments declaring government school students to be ‘socially and educationally backward’ class and providing them reservation in higher education. The enactment of these legislations and upholding of constitutionality of by the Madras High Court, shows that the difference principles is adopted in partiality, the remaining principles in Rawlsian notion of equality are not given sufficient attention. Similarly, adequacy notion of equality which demands allocation of resources to bring each student to the threshold of higher education or vocation is ignored. In these areas, the Indian educational jurisprudence and the allied legislations do not offer true capabilities or sufficiency to the child beyond elementary education. The paper voices the need to have a central legislation on the rights of the pupils in secondary and upper secondary education, to bridge this gap and have a holistic approach to human development bringing each child to the gate of higher education not only through ‘reservation’ but also through education law and policies.
Users of the internet has been increased exponentially over a period of a decade, and the ease of using the internet has also been seen by a more user friendly interface so a large number of people can access and use the internet daily. Many new social media intermediaries are emerging and are being used by most people using the internet for communication and information. Anyone can access social media platforms and use them for free, the more the number the more is crime. Crimes in this advance technological era have more exponential growth and reach, and social media intermediary are independent from liability under local jurisdiction of any country apart from the country they are having headquarters, and Social media intermediary having fully control over the content being uploaded on their platform and having power to remove that content or promoting any content over their platform for facilitating any crime and still not coming under the jurisdiction of many nations of whose citizens are using it can be very dangerous to maintain law and order in those countries. Specially in cases where social media platforms are being used for communication for mass crimes like genocide, war crimes and crimes against humanity. So in this paper the author particularly discussed regarding the jurisdiction of International criminal court in respect to Rome statue extending responsibility on social media intermediary pertaining to cyberspace usage for the purpose of incitement to genocide. And whether the present legal framework is sufficient to deal with the problem relating to crimes committed on cyberspace or whether new laws are needed which will have potential of dealing with these situation more effectively.
OTT (Over The Top) platform is a kind of entertainment media that commits services over internet services to the public directly, services like cable and satellite which were used before and also used now and served services from a long time, now OTT is the new generation of the same providing new opportunities and much more flexibility like getting a connection almost anywhere where you have an internet connection. And that helps you to download any movie or series, and you can enjoy it anywhere, even if you are on a long flight where you usually don’t have an internet connection. The advancement in technology has given the world a space to share content directly with a consumer without any interruption. On the top of it, it allows the user to watch any content as per his wish from any Genor to sports to movies, TV series, etc. This specific market is growing daily with the technology of AI learning. Also, this industry is hitting the market financially and has taken the movie industry to another level.
The Indian Constituent Assembly was the first step towards what we know today as the longest constitution of the world. The Constitution of India has evolved through ages with 104 amendments; it has dynamically paved the way to the changing times. This article aims to look into various instances where the constituent assembly debates have been used as an aid to interpretation by the judicial bodies, while also keeping in mind the changes that have taken place in such interpretation. For ease of understanding, the author has divided the paper into two parts i.e. pre 42nd Amendment and post 42nd Amendment. The rationale behind the division of the time line is to give a wider understanding in the changing trend of the reliance placed upon the debates throughout the passage of time. The author aims to exhibit the emphasis laid upon the legal founding document through the course of history.
State Trading Enterprises (STEs) have influence in a variety of sectors throughout the world. These institutions confront two problems as a result of their importance in international business: recognizing and conquering the difficulties in international business management that are specific to state-owned enterprises, and predicting changes in existing international business practices. The study looked at the feasibility and capacity of agricultural trade between India and a set of nations from 2009 to 2019. India's agricultural commodities exports were compared to those of a few other countries using the Revealed Comparative Advantage Index. According to the survey, Indian exporters are more competitive than other countries in cotton, rice, oilcake meals, and tea. The gravity model was used to calculate the overall value of agricultural commerce between India and other countries. The model predicts that the income of partners and free trade agreements have a positive influence on bilateral trade. Considering the importance in bilateral trade, border trade between India and Myanmar has been neglected due to a lack of infrastructure. According to estimates of India's trade potential with Cambodia, Indonesia, Malaysia, Myanmar, and Vietnam, India has already surpassed that potential, but Brunei, Lao, the Philippines, Singapore, and Thailand still have potential. The research emphasizes the importance of trade facilitation measures in boosting trade with certain countries. The empirical data demonstrate that output, the shared border, and the GDP of allied nations all have a positive impact on India's exports. The data show that distance has a negative influence on exports as well as gross domestic product. The data also shows that the country that shares a border with India has more trade flows.
The right to life and personal liberty enshrined under Article 21 in the part III of the Indian Constitution is guaranteed not only to its citizens but also to the foreigners. This right under Part III of the Indian Constitution is considered as the most precious, sacrosanct, fundamental as well as heart of all the fundamental rights guaranteed by the Indian Constitution. In other words, denial of right to life and personal liberty is denial of other fundamental rights reason being there is no meaning of other rights unless the right to life and personal liberty is secured and protected. The Indian judiciary over the period of seven decades since the Constitution of India has enacted expanded the horizon of right to life and personal liberty by pronouncing various landmark judgements. This research paper is categorized mainly in four major parts. In the first part of this papers, a detailed information of Article 21 of Indian constitution has been discussed thoroughly. Moreover, a detailed discussion on the words interpreted by the Hon’ble Supreme Court in its landmark judgements. In the second part of this paper, authors tried to incorporate the constituent assembly debates on Article 21, in addition to this, the concept of “due process of law” and “procedure established by law” has been discussed citing relevant case laws. The third part of the paper is dedicated to the international scenario on Right to Life and Liberty, for that purpose there is comparative study on British, US and Japanese Constitution. Finally, in the last part of the paper, relevant Indian case laws has been discussed which changed as well as leads to the transfiguration of the concept of the right to life and personal liberty envisaged under Article 21 of the Indian Constitution since its genesis. The primary sources which are relied upon for the purpose of completing this research paper are judgements of Supreme Court of India and United States, debates of constituent assembly, and constitutions of India, Japan, United Kingdom and United States whereas secondary sources which are relied upon are commentaries by renowned legal jurists, research papers, articles, newspapers, etc. Henceforth, this paper deal with the meaning of this provision, the constituent assembly debate over this provision, its evolution through judicial interpretation, global scenario and relevant Indian as well as foreign case laws.
The purpose of this paper is to explain the function of mediation as a technique for alternative conflict resolution. By highlighting the failures of previous systems, the authors demonstrate how the very nature of mediation implies that it should be effective if institutionalised. The authors propose a policy model for boosting mediation referrals and demonstrate how, despite certain possible drawbacks, such a strategy might be beneficial.
More than ten years have passed since the barbaric Nirbhaya incident in 2012, when humanity was ashamed on all counts. More recently, the Hyderabad veterinarian rape and murder incident is another glaring example of the condition of women safety in India. Females in India irrespective of age continue to remain unsafe and the tales of rape survivors is even more tragic. According to Human Rights Watch rape survivors in India face significant barriers to obtaining justice and critical support services. According to the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, access to justice and fair treatment means victims should be treated with compassion and respect for their dignity. They have every right to access the machinery of justice and to quick redress, provided by statutory provision, for the injustice that they have suffered. To ensure victims are provided redress through formal or informal procedures that are expeditious, fair, inexpensive and accessible, judicial and administrative mechanisms should be established and strengthened wherever necessary,. Victims should be informed of their rights in getting relief through such mechanisms. But unfortunately, in India women and girls who survive rape and other sexual violence often suffer humiliation at police stations and hospitals. For them access to justice leads to secondary victimization where they have to knock at each and every door of justice. Further, police are frequently unwilling to register their complaints, victims and witnesses receive little protection, and medical professionals still compel degrading “two-finger” tests. The tragic death of the Unnao rape survivor after being burnt alive by the accused bears testimony to the fact that access to justice for rape survivors is mirage. This hurdles to justice and dignity is further intensified by insufficient health facilities, counseling, and legal help for victims during criminal trials. Legal and other reform adopted since the Nirbhaya incident have not been fully realized. According to Sustainable Developmental Goal No.16 sexual violence is prevalent where there is conflict, or no rule of law, and countries must take measures to protect those who are most at risk. Thus promoting rule of law and upholding human rights are paramount if we seriously ever seek to realise these goals.
Witness is the one who have seen a particular act and willing to convey the same as testimony. The testimony is given under an oath and deposition either in oral or written and also by affidavit. The examination of witness is a crucial part where it decides the originality of the case. The Indian Evidence Act, Section 135 deals with cross-examination of witnesses who are present. Further the rights and protection of the witness are equally important. Hence various rights and scheme have been imposed by the government to protect the witness. The examination and cross examination of witness is having certain limitations in which the witness shall be examined. There are various pronouncements and cases in which the witness shall be protected by proving equal rights. In this paper the researcher will analyse the clauses and section classified under different laws. Also, the researcher would analyse the rights been given to the witness and effectiveness of the witness protection scheme.
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.