what is the difference between Estopell and promissory Estopell??

Question

this is related to the evidence act, india

Answer 1

Firstly Indian law recognizes the concept of Estoppel as defined under section 115 of the Indian Evidence Act as: - When one person has by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the truth of that thing.
As clearly provided here there are two main ingredients firstly the person should by his declaration, act or omission intentionally caused or permitted another person to believe a thing to be true & on this believe the other person should have acted upon. Here the both these factors "believed" & "acted" have to be strictly proved in order to prevent the person for going back on his words of honor to the other person who had believed & acted upon such believe. There is no such term as such "Promissory Estoppel" in the Indian Evidence Act but the principle or doctrine of promissory estoppel which is based on equity or obligations. It is not based on vested right is being followed by the Indian courts. As mere promise itself is not enough to be enforced unless it has been coupled with a consideration, which is, on the basis of which the promisee had done or abstains from doing or promise to do or abstains from doing or does or abstains from doing any act which otherwise he may not have done or abstained from doing such an act. Here again the factor "act of the promisee" is important on the basis of which we can hold such promise enforceable which amounts to an agreement & any agreement enforceable by law is a contract. In short we can say although there is no such concept mentioned any where in the Indian Evidence Act "Promissory Estoppel" but if the promise is coupled with a consideration & is enforceable as an agreement in law it shall hold as an promissory estoppel against the promisor in any suit or legal proceedings. This doctrine of Promissory Estoppel is usually used against the State/government rules & orders where any person acts upon these but with the time the State/government makes amendments in these thereby affecting the person's right & interest, in such cases the courts has to strike a balance between individual rights on one hand and the larger public interest on the other hand. Freedom to contract is a common law civil liberty enjoyed by all persons. But when the Government is contracting with private parties this common law freedom is circumscribed by the principles of administrative law which requires larger public interest to be taken into account. In such cases the principle of promissory estoppel may not apply as larger public interest has to be given more weightage then the civil right of an individual.

Answer 2

The concept of estoppel is basically that if you have a right to do something (like collection of child support), and you do nothing about it, then an argument can be made that you no longer have the right to collect. Classic case where the support order set at 750 per month. Mother and father agree to pay 600 a month. then 5 years later, mother tries to collect the extra 150 a month not paid.

Estoppel is an equitable argument. Meaning that there is really no law or statute that supports it. It has been created by the courts to prevent injustice on a mere technical problem. I have always considered an equitable argument to be a last stand in court.

Most importantly, you need to speak with a local attorney. Although I am an attorney, I am in KS. Therefore, this is just general info and should not be relied upon as legal advice.

Answer 3

Estoppel means a representation made to another about a fact ( not law ), based on which the other person alters his position to his detriment. In such case the person who made the representation can not alter his position in any proceeding before a court of law. Which mean a person cannot blow hot and cold in the same breath. There are basically 3 kinds of Estoppel. Estoppel by Deed, Estoppel by Judgement or Record and Estoppel in Pais or by Conduct. The principle of estoppel is explained in Sec. 115 to 117 of Indian Evidence Act, 1872.

Promisery Estoppel refers to a promise made to induce a person to alter his position. When a person acts upon a promise that something for his benefit will be done, then after the person has altered his position such promise cannot be altered. This principle was recognized by the Supreme Court of India for the first time in the case Union of India Vs. Anglo Afghan Agencies.

Answer 4

Estoppel In Evidence Law

Answer 5

can anyone tell me what is the correct answer for this question?