Section 115 of the Indian Evidence Act: Estoppel under Indian Evidence Act
Section 115 of the Indian Evidence Act, 1872: Estoppel
Text of Section 115:
"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."
Meaning and Explanation:
Estoppel is a principle in evidence law that prevents a person from denying or asserting something contrary to what they previously stated or implied, especially when another party has relied on that original statement or conduct.
Under Section 115, if a person by their words, actions, or negligence, leads another to believe in a certain fact or situation, and the other person acts based on that belief, the first person cannot later deny the truth of that fact in court.
It applies only when the belief is intentionally caused or permitted by the person through their declaration or conduct.
The purpose is to ensure fairness and prevent injustice that might result from contradictory behavior.
Key Points:
Estoppel is a rule of evidence, not a substantive rule of law.
It applies to declarations, acts, or omissions.
It protects the party who acted upon the belief caused by the other.
It binds both the person and their legal representatives.
It prevents a person from denying a fact that was accepted earlier to the other's detriment.
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