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| Doctrine of Estoppel prohibits, a person from going back stated earlier in a Court of Law. |
Basis:-
Equity..... Good faith.
Object:- 1.To prevent Fraud.
2.To promote Honesty.
Art.114..
* If one person
* by his declaration,
*act or omission,
*intentionally
*caused or permitted
*another person
*to believe a thing/ Fact,
* to be true
* for acting upon such Belief,
å He / His representative can't deny the truth of that thing
* in any suit or proceeding inter se.
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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 afterwards 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.
Art.115. Estoppel of tenant and of licensee of person in possession:
Applies to:-
1- Tenant & Landlord.
2.Licensee.
3.Mortgagee.
4.Fiduciary relationship Capacity.
No Tenant of
1-immovable property,
2- or person claiming through such tenant,shall,
3- during the continuance of the tenancy,
4- Is permitted to deny the title of the landlord;
Licensee of:-
1. √ Immovable property
2. √ Is not Permitted to deny,
3. √The title of Licensor's possession.
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Art.116.
Estoppel of acceptor of bill of exchange bailee or licensee:
1- No acceptor of a bill of exchange ,
2-shall be permitted to deny the authority of drawer,
3-To endorse it;
4-No Bailee or licensee is permitted to deny his bailor's or licenser's authority.
Explanation 1: The acceptor of a bill of exchange may deny that the bill was really drawn
by the person by whom it purports to have been drawn.
Explanation 2: If a bailee delivers the goods bailed to a person other than the bailor, he
may prove that such person had a right to them as against the bailor.
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Bailor..... Bailee.... Baliment...
Defined.
1- A bailment is ,
A) a delivery of personal property by one person to another ,
B) for a specific purpose & understanding to be returned attaining the object.
2-A bailor is the person who delivers the property.
3-A bailee is the person who receives it.
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What Is Bill of Exchange?
A bill of exchange:-
1.√ is a written order,
2* used primarily in international trade,
3* Binds one party to pay to another party,
4* Amount must be fixed one.
5* on demand or at a predetermined date.
6* Bills of exchange are as of checks and promissory notes.
7* They can be drawn by :-
• Individuals or
• Banks,
• Generally transferable by endorsements.
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Principles of Estoppel.
The representation is an essential element of estoppel & it must be :-
1-By one person to another person.
2- As to facts and not of law.
3-As to an existing fact.
4-It makes the other person believe the Fact is true.
5-Pursuation to act upon the Fact.
6-Other person suffered a loss by such representation.
7-Other person is unaware of the actual situation.
8- It must be intentional.
9- No Estoppel if fact (s) is known the parties.
10-No Representation- No Estoppel.
Types of Estoppel
1-Estoppel of Record or Quasi-record. (S.11CPC)
This doctrine prohibits the parties to a case from instituting another suit in the same matter or the facts already decided by the court.
√ Estoppel by Deed
Bilateral agreement executing a deed as to certain facts is binding upon the executent and his legal representatives.
* Estoppel by Pais or Estoppel by Conduct
* Estoppel by Pias’ is ‘Estoppel in the Country’ or ‘Estoppel before the public’.
* Estoppel by conduct means when a person through ,
*agreement,
*misrepresentation or
*negligence
*makes the other person believe in certain Facts.
* Other person had taken some action in any mode,
*The first person cannot deny the veracity of the statements given by him earlier.
*Doctrine of estoppel by Election.
The person receiving the gift or claiming the right can enjoy one of them and not both of them.
* Equitable Estoppel
A person can't bring legal action in conflicting with his statements, claims or acts earlier.
* Estoppel by negligence.
Ground of negligence is included in the plea of estoppel as, the party owned a duty towards the general public or anyone else towards whom he has acted negligently through words or conduct. Such estoppel is based on the existence of a duty which the person estopped is owing to the person led into the wrong belief or to the general public of whom the person is one.
* Estoppel by Benami Transaction.
If the owner of property clothes a third person with the apparent ownership and a right of disposition thereof, not merely by transferring it to him, but also by acknowledging that the transferee has paid him the consideration for it, he is estopped from asserting his title as against a person to whom such third party has disposed of the property and who has taken it in good faith and for value. (Li Tse Shi v Pong Tse Ching, (A.I.R. 1935 P.C. 208)
* Estoppel on a Point of law.
The principle of estoppel cannot be invoked to defeat the plain provisions or a statute. There is no estoppel against an Act of Legislature.The Doctrine of estoppel does not apply to statutes but only to the facts.
* Equitable Estoppel:
Art.115 only deals with the estoppel that arises against a tenant or licensee, a similar estoppel has been held to arise against a mortgagee, an executor, a legatee, a trustee, or an assignee of property, precluding him from denying the title of the mortgagor, the testator, the author of the trust, or the assignor, as the case may be.
* Proprietary Estoppel.
We often see promises being made and later broken. While in some cases we can do nothing about it, but in certain circumstances, particularly in matters related to land or property, there is a possibility to bring a claim to enforce a broken promise. This is called proprietary estoppel.
* Estoppel by Convention.
The parties to an agreement could not deny to the assumed facts, because if the party or parties are allowed to go back on their assumptions, it would be unfair and lead to injustice.
* Estoppel by Acquiescence.
When one party served a legal notice upon other party nexus with the facts of a claim, and the other party fails to acknowledge or refute it.The other party is said to have accepted the claim and has acquiesced it.
Collateral Estoppel.
The doctrine is to prevent a party from re-litigating either a prior issue (collateral estoppel) or claim (res judicata).
* Contractual Estoppel.
The parties signing the contract agreed to the fact that in case of any dispute between them, the case would be filed in the court of in Lahore. Once agreed the parties cannot, later on, assert to change the jurisdiction in the particular case. They are bound by the principle of contractual estoppel.
Issue Estoppel.
•√ Issue estoppel is a sub-species of the res judicata doctrine.
Issue estoppel arises :-
* where an issue(s) germinating the cause of action litigated and decided in the first Lis.
* In the subsequent proceedings inter se the same parties having a different cause of action but the same issue is relevant.
* One of the parties intends to reopen the decided issue(s).
* Buurden of Proof.
BOP is on the party claiming estoppel.
Exceptions.
1.jurisdiction of courts. 2.Minors.
3.Silence. 4.criminal case.
5.Expert opinion.
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