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Malik's Law Relation to Estoppel

From Delhi Law House

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Author :Malik

Publisher :Delhi Law House

ISBN No :978-93881918343

SKU :DLH328

Edition :5th Edition, 2022

Format :Hardbound

HSN No :49011010

Weight :0.6 kg

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When one person through his speech or conduct makes the other person believe in a particular thing and induces him to act upon it, he would be estopped from taking any conflicting or contrary or erratic position, which could cause loss to the other party.

For example, Sattu in an agreement with Kabir says that he would not roam with his girlfriend if he offers him a ride on his bike every day until his birthday. Kabir follows his instructions. Sattu after few days says that the number of rides would be two per day and only then will he not chase Kabir’s girlfriend. After 2 months he asks that the bike ride be replaced with a ride in his car. Here Sattu cannot take conflicting positions. Once there has been an agreement to offer one ride everyday on the bike, he cannot contradict that and make other demands, he would be estopped from doing so.

Father of Neena had given words to his friend that Neena would get married only to his son, Thangabali when they become adults. When they grew up, Thangabali went for a court marriage with Neena. Just before the signing of the documents, Neena ran with her lover Rahul. Thangabali filed a case stating that Rahul has forcefully taken Neena with her and that there was an agreement whereby they were supposed to get married to each other only. But Neena confessed that her father and Thangabali were forcing this marriage on her and that she wanted to marry her childhood friend Rahul. The court said that the agreement is void and the matter was dismissed.

After 5 years it was found that Rahul has filed a suit where he claims that Thangabali has been following him and his wife everywhere taking the plea that it was because of his work. It was found that Thangabali has been meeting Neena over a period of time. This case again raises the issue of whether Neena was forced by Rahul or Thangabali for marriage. Here issue estoppel would apply and re-litigation of the said issue would be not be allowed.

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Malik's Law Relation to Estoppel By Delhi Law House

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