estoppel

Section 121 BSA (old s.115 Evidence Act) provides that when a person has, by declaration, act or omission, intentionally caused or permitted another to believe a thing to be true and to act on that belief, neither he nor his representative may, in any suit or proceeding between them, deny its truth. The other party must have acted on the representation to his detriment.

Estoppel is a rule of evidence, not a cause of action, though promissory estoppel can found relief. There is no estoppel against a statute or the Constitution. Kinds include estoppel by record (res judicata), by deed, and by conduct (in pais); tenancy estoppel (s.122 BSA, old s.116) bars a tenant from denying the landlord's title. In Motilal Padampat the Supreme Court applied promissory estoppel against the Government.

Example

Having represented that the shop was his to let, he cannot later deny the tenant's right; estoppel under s.121 BSA bars him.

In Indian law

• Section 121 BSA (old s.115 Evidence Act)
• Motilal Padampat Sugar Mills Co. v. State of Uttar Pradesh, 1978 INSC 256

See also

estoppel in pais · doctrine of waiver · doctrine of indoor management

Read more in the study notes

• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)
• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Holder and holder in due course, parties to instruments, their liability and payment in due course (Banking Law)
• Dishonour, noting and protest, acceptance for honour, material alteration, special rules of evidence and bills in sets (Banking Law)