"Rule Of Estoppel":
The word ‘estoppel’ derived from the French word ‘estoupe’ that means ‘stopped’. It is named as an estoppel or conclusion because a man’s own actions will stop or closes up his mouth to claim or plead the truth.
The doctrine of estoppel means that for where one, by his words or behavior, willfully causes another in believing the existence of the state of things. It will cause him to encourage him to act on certain belief for altering his own position. The former will be concluded from averring against the latter a different state of things will exist at the same time.
The rule of estoppel is defined in section 114 of the QSO. It is a principle of law and has larger public interest. According to the principle of law, it discourages people from taking dual stances.
The section states that if a person made the representation to another person, and based on that representation, that other person has changed his stand to his own detriment, the person who has made that representation will not be allowed to change his attitude.
The Rule of estoppel means just only a “rule of evidence”. The contention based on a rule of estoppel will be provided at the stage of trial only. It has submission unlike a case where the FIR or charges framed are responsible to be quashed when it does not release any of the offenses alleged.
Section 114 in The Qanoon-e-Shahadat 1984
114 Estoppel.
When one person has, 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 shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
Illustration A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it. The land afterward becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.
0 comments:
Post a Comment