It’s a legal rule that stops someone from denying or asserting something that contradicts their previous statements.Section 121 to 123 of Bharatiya Sakshya Adhiniyam,2023(BSA)deals with Doctrine of Estoppel.
What is Estoppel
The Doctrine of Estoppel under Bharatiya Sakshya Adhiniyam,2023(BSA) says that a person cannot contradict a fact which they have asserted previously through words or conduct. The Doctrine of Estoppel is guided by the maxim ‘allegans contraria non est audiendus,’ which simply means contrary allegations will not be heard.
KINDS OF ESTOPPEL
- Estoppel by Record or Judgment :- It emerges from a final decision of a competent court. It aligns with the Principle of Res judicata which means stopping the same matter from being reopened by the same parties. Section 34 of BSA deals with the admissibility of such judgments.
- Estoppel by Deed :- This is a characteristic of English law that applies when parties to a formally executed and sealed deed cannot deny its validity afterwards . It is not applicable in India.
- Estoppel by Matter in Pais or Conduct :- “In pais” means matter before the public. It applies when acts or conduct induce a change of position based on the parties’ intentions.
ESSENTIALS OF ESTOPPEL
- There must be a representation.
- The representation must be made with the intention to be acted upon.
- The representation must have been acted upon, which resulted in a change of place by the second party.
WHEN ESTOPPEL DOES NOT APPLY
- Criminal or quasi-criminal cases.
- Against statutes, sovereign acts, or points of law.
- When both parties are properly aware of the truth of the facts.
- Against minors.
- When fraud or negligence existed on the part of the party who is pleading estoppel.
- In cases of unlawful property transfers.
KEY COMPONENTS
- Estoppel (Section 121 of BSA): When someone makes an untrue or false statement or allows another person to trust on that false statement , they cannot later deny it in a legal proceeding.
- Tenant and Landlord (Section 122 of BSA): It deals with Estoppel in Landlord-Tenant relationships. If a tenant accepts their landlord’s title, they cannot deny it in a subsequent lawsuit.
- Acceptor of bills of exchange ,bailee or licensee (Section 123 of BSA) : It lays down that individuals like acceptors of bills of exchange, bailees, or licensees are stopped from denying the rights of the persons from whom they obtained their authority or license.
Exceptions
- An acceptor of bills of exchange can deny that the bill was really drawn by the person who claims to have drawn it.
- A bailee can prove that someone else had a right to the goods which were bailed.
Examples
- A person sells a property they don’t have an ownership of, and afterwards tries to claim ownership.They cannot do so due to estoppel.
- A tenant cannot deny the title of a landlord to the property during the period of tenancy.
Why is this Important?
The Doctrine of Estoppel encourages fairness and justice by stopping individuals from making contradictory claims or assertions. It makes sure that people take responsibility for their words and actions, maintaining the uprightness of legal proceedings.
Sections 121 to 123 of Bharatiya Sakshya Adhiniyam,2023(BSA) establish the concept of Estoppel, which stops a person from contradicting facts they have previously declared or acted upon. These sections ensure fairness and stability in legal proceedings, particularly in cases like contracts, property, and specific relationships like landlord-tenant or those involving bills of exchange.
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