Judicial Dictionary - E

Judicial Dictionary


Legislative Dictionary


Estoppel

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CategoryE
TitleEstoppel
DetailsA preclusion in law which prevents a man alleging or denying a fact in consequence of his own previous act, allegation, or denial of a contrary tenor. When one person has, by his declaration, act or omission, intentionally caused or permitted another 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. [Section 115 of the Evidence Act, 1872] The rule that there is no estoppel against the statute shall apply when the invocation of the principle will defeat the public policy behind the statute. The general rule is that no man can take advantage of his on wrong and to this general rule, the rule that there is no estoppel against the statute is an exception but this rule of exception is attracted only when the invocation of the principle of estoppel will defeat the public policy behind a statute. [Matria Bewa & Others Vs Sudhir Chandra Shaha & others (1983) 35 DLR]
Created OnApril 23, 2011, 9:18 AM
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