Malik's Law Relating To Estoppel, 5th Ed | 2022

Malik's Law Relating To Estoppel, 5th Ed | 2022

It is well established that since the principle of estoppel was first introduced and applied in judicial proceedings, there has been ongoing debate about whether estoppel is a rule of evidence or a rule of substantive law. In India, the principle of estoppel is recognized as a rule of evidence, as outlined in Section 115 of the Indian Evidence Act. The application of the rule of estoppel is dependent on certain facts. Therefore, it should be explicitly pleaded unless there is no opportunity to do so, such as in cases where there are no pleadings. In such instances, the party relying on estoppel must raise it through an objection in another form at the earliest stage of the proceeding.

Estoppel is grounded in the maxim "Allegans contraria non est audiendus" (a person alleging contradictory facts should not be heard). It is a type of presumption known as "juris et de jure," where the presumed fact is accepted as true, not universally, but specifically against a particular party due to some action they have taken.