Doctrine of Estoppel

Doctrine of Estoppel
Estoppel is a legal principle that prevents someone from arguing or asserting a right that contradicts what they previously agreed to or said. Put, estoppel prevents one person from contradicting an action or statement from the past. Estoppel ensures that a person stays true to their word and does not unfairly damage someone else so, if person A must adhere to their word if they make a promise to person B and later rescind it.

In various Corporates, we come across situations, may be Finance, Marketing, Supply-chain, and as well as in HR. Enforcement of contractual terms of an employee, litigations before labour adjudications, long-term wage agreements, and even in domestic enquiries. The intention behind this article is to enlighten all employees holding responsible positions in all disciplines in the Corporate, since, many times, it may go unnoticed.

It has already been noted that under the “The Bharatiya Sakshya Adhiniyam, 2023 [Evidence Act], hereinafter referred to as Act, there are certain facts which need not be proved and there are some facts which cannot be proved because the Act, would not allow evidence of such facts. An estoppel is a principle, whereby a party is precluded from denying the existence of some state of facts which has formerly admitted. The foundation of the doctrine is that a person cannot approbate and reprobate at the same time;

Under The Bharatiya Sakshya Adhiniyam, 2023, sections 121 to 123 based on the principle what is called “doctrine of...

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K. Vittala Rao

is Legal & Management Consultant, Bangalore.

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K. Vittala Rao

is Legal & Management Consultant, Bangalore.

February 2025

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