Day: December 11, 2020

Doctrine of Estoppel : Meaning, Definition and Kinds

Law

December 11, 2020
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4 min
3 years
791 words

Tagged Doctrine, Estoppel, Evidence Law, Law of Evidence

Doctrine of Estoppel : Meaning, Definition and Kinds

Meaning of Estoppel The word “Estoppel” came from the French word ‘estouper’. Estoupe means to stop. In law, this term has been taken from English Jurisprudence to shut the mouth of a person who claimed […]

Meaning of Estoppel

The word “Estoppel” came from the French word ‘estouper’. Estoupe means to stop.

In law, this term has been taken from English Jurisprudence to shut the mouth of a person who claimed or pleaded or spoke or acted upon the truth in one previous occasion and tries to avoid or evade his allegation or pleading or speech or action with an ill intention.

Maxim

It is based on the maxim “Allegans contraria non-est audiendus” it means a person claiming that contradictory facts should not be heard.

Definition

According to Hulsbury’s Laws of England,

“An Estoppel is said to be there when a party is not allowed to say that a certain statement of fact is untrue, whether it’s in reality or not.”

Section 115 of the Indian Evidence Act:

When one person,

By his declaration or act or omission
Intentionally causes or permits another person to believe that a thing is true and to act upon such belief,
Neither he nor his representative is allowed in any lawsuit or proceedings between himself and such person or his representative,
To deny the truth of that thing.

Example:

Malang intentionally and falsely leads Jalan to believe that a specific House belongs to him. Malang induces Jalan to buy that house and pay for it. The house, later on, becomes the property of Malang, he sets aside the sale on the ground that, at the time of sale he had no title.

Malang must not be allowed to prove his want of title.

When one person by his conduct or words wilfully causes another one to believe in the existence of a certain state of things, the former is refrained from averring against the latter a different state of thing as existing of that time[ Pickard v. Sears].

Scope of Estoppel

Following conditions must be satisfied to bring a case under the scope of Estoppel:

The representation made by the person or his representative in any form

The representation must be of existence of fact. The misrepresentation must not be of promises or intention.
The representation should be such a way as if it was meant to rely upon it.
There must be a belief on the part of the other party in its truth.
Action on the faith of that declaration/act/omission.
Representation should be the proximate cause of leading the other party to act to his disadvantage.
The person asking for the benefit of an Estoppel must show that he was not aware of the real state of things.
The person for whom the representation was meant only that person can avail the doctrine of Estoppel for himself.

Kinds of Estoppel

Estoppel by a matter of record:

When a person is not allowed to dispute over the facts by which the judgement against him is going to be based on, it is called Estoppel by a matter of record.

Estoppel by deed:

When a party enters into a formal agreement by deed due to some specific facts, neither he nor his representative is allowed to deny those facts; this is called Estoppel by deed.

Estoppel by conduct:

If a man, either by words or by his conduct, has implied that he consents to an act which has been done and that he would not offer any objection to it, although it could not have been lawfully done without his consent and he persuaded others to do that from which they otherwise might have restrained from doing, he cannot question the legality of the act to the prejudice of those who have so given faith to his words, or to the fair conclusion to be drawn from his conduct.

Equitable Estoppel:

When a person tries to take a legal action that would conflict with his previously given statements, claims or acts, the court will prohibit him from doing so as the rule of equity does not permit.

Promissory Estoppel

When one party, by his words or conduct makes a legally binding promise to another party, and if the other party has acted upon those words or actions, the one who made the promise or gave assurance cannot revert to his previous position. It is called Promissory Estoppel.

Estoppel by negligence

The Estoppel which enables a party to go against the other party to claim a right of property which he does not possess, then it is called Estoppel by Negligence.

Estoppel on the viewpoint of law

There can be no estoppels on the point of law as the purpose of it is to create equity and not for the facility for inequity.

No Estoppel against statute:

There is no Estoppel against the act of the legislature.

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LeDroit presents Certificate Course on Bail

Opportunity

December 11, 2020
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2 min
3 years
308 words

Tagged Bail, Certificate Course, Course

LeDroit presents Certificate Course on Bail

About the Course: The present course aims at providing all the knowledge about Bail and the procedure related to it; in law school one gets to learn an overview about Bail as a part of […]

About the Course:

The present course aims at providing all the knowledge about Bail and the procedure related to it; in law school one gets to learn an overview about Bail as a part of topic in Code of Criminal Procedure, but the actual implementation of it is learned when you enter into practice. With this course we aim at filling up that gap between the theoretical and practical world. This course is beneficial for all those who want to create their career in litigation and want to ace the advocacy skills.

Duration:

Self-Paced

Course Content:

MODULE 1:

Meaning and objective of Bail
Bailable and Non-Bailable Offences
When Bail can be taken
Discretion in granting bail
Grant of Bail with conditions
Anticipatory Bail
Power of High Court or Court of session in granting bail
Power of Appellate court to grant Bail
Cancellation of Bail

MODULE 2:

What is Bail Bond and Surety?
Format for applying a Bail Bond
Drafting format for Anticipatory Bail
Bail Application in case of Attempt to Murder
Bail Application before Judicial Magistrate Court in a pending Case
Bail Application before Sessions Court
Bail Application before High Court

How you’ll be marked?

After completion of the course, send us an email at ledroitonline@gmail.com with the subject “(Name of the course) Complete”, we’ll send you the assignment which you have to submit to us within 48 hours . After going through your assignments we’ll send you the soft copy of your certificates.

Perks:

E-Certificate.

Registration Process:

To register kindly make the payment first of INR 500/- only, and make a note of transaction ID ,after making the payment fill up the registration form below, to buy this course. If you face any trouble while making payment Paytm or Gpay us on 9527733855.

GOOGLE FORM LINK:

https://docs.google.com/forms/d/1VyvGLsFsxNf3GHCM8N-OfIkdvg_2clfiMefNHHdUwnQ/edit

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LeDroit is conducting Judicial Course on CPC

Opportunity

December 11, 2020
/ Leave a Comment on LeDroit is conducting Judicial Course on CPC

2 min
3 years
255 words

Tagged CPC, Judicial Course, Law

LeDroit is conducting Judicial Course on CPC

LeDroit India is conducting online live classes for all the Judiciary aspirants and the students who want to clear their concepts about Code of Civil Procedure (CPC) Who will be conducting? The classes will be […]

LeDroit India is conducting online live classes for all the Judiciary aspirants and the students who want to clear their concepts about Code of Civil Procedure (CPC)

Who will be conducting?

The classes will be conducted by an esteemed High Court Advocate, having experience of 4+ years in judiciary coaching. The classes aim at preparing students for Prelims and Mains Examination.

Class Duration:

The classes will be conducted 3 days a week, for a duration of 1 hour every day.

Timing– 6:00-7:00 pm

The timings of the classes are subject to change, in case of unavoidable circumstances.

Perks:

Mock Tests will be conducted every week;
Live doubt clearing sessions;
Personal attention and proper guidance will be provided to each student;
Daily lectures recording are also provided to make sure you don’t miss out on anything;
Reading material and question papers will also be provided.

Duration- 1.5 month

Starting from- January 3, 2021.

Last Date to register- January 2, 2021.

Mode of teaching:

Online Google meet.

Price for Classes-

For Code of Civil Procedure (CPC) – 600/- for period of 1.5 month (onetime payment)

Registration process:

To register kindly make the payment of INR 600/- and make a note of transaction ID ,after making the payment fill up the registration form below, to buy this course. In case you face any trouble while making payment using the below link, you can Paytm or Google pay us at 9527733855.

GOOGLE FORM LINK:

https://docs.google.com/forms/d/13wwmcaupmAE-0aIDs3ygCSMUWmNtPzkNV2KDS72gBkw/edit

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