ESTOPPEL - ‘ LAW OF ESTOPPEL’

 

ESTOPPEL:  ‘ LAW OF ESTOPPEL’

 

Origin:  Old French word ‘estoupail’ meaning ‘stopping’.

 

Pronunciation:  YES-TOP-EL – எஸ்டாப்பெல்

 

Meaning:

 

The Law of Estoppel may be enforced by a court of law on a particular person, party or organization who are parties to a legal case stopping them from taking a particular stand, advancing a particular argument and/or asserting/claiming certain rights relating to a case under the consideration of the court.

 

Reason for enforcing the Law of Estoppel:

 

Section 115 of the Indian Evidence Act, 1872 incorporates the meaning of ‘estoppel’, as ‘when one person either by his act or omission, or by declaration, has made another person believe something to be true and persuaded that person to act upon it, then in no case can he or his representative deny that truth later in any legal proceedings in a court of law.’

 

In other words, ‘estoppel’ means “one cannot contradict, deny or declare to be false his own previous open statement(s), or he cannot openly take a different stand in a court disowning his own earlier declaration.”

 

Example sentences:

 

The purpose of equitable ESTOPPEL is to prevent unconscionable exercise of legal rights.

 

The Counsel for the Plaintiff argued that the ‘Principle, Doctrine or Law of Estoppel’ cannot be applied to his client’s case, as he had not made statement or claim that would render him ineligible to file that case and asserting his rights. For, he has not contradicted in the case any of his previus declarations or statements.

 

If ‘X’ denies being an employee of the company ‘ABC’ before a court or other legal authority, then he can neither claim any salary/emoluents from that company nor put forward a claim that he is the employee of that company any longer anywehre. He is prevented from doing so by the PRINCIPLE, DOCTRINE AND LAW OF ESTOPPEL.

 

Proverb:

 

மாரியல்லது காரியமில்லை.

No rains, no grains.

 

உழைப்பின்றி ஊதியமில்லை.

No pains, no gains.

 

(R.SAMPATH)

8/10/2020