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What is Estoppel? What is Estoppel of tenant; and of license of person in possession? What is Estoppel of acceptor of bill of exchange, bailee or licensee? Section 115, 116 and 117 of Indian Evidence Act 1872

Estoppel, Estoppel of tenant; and of license of person in possession and Estoppel of acceptor of bill of exchange, bailee or licensee are defined under section 115, 116 and 117 of Indian Evidence Act 1872. Provisions under these sections are:

Section 115 of Evidence Act "Estoppel"

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.

Illustration

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time the sale, he had not title. He must not be allowed to prove his want to title.

 

Section 116 of Evidence Act "Estoppel of tenant; and of license of person in possession"

No tenant of immovable property or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession thereof, shall be permitted to deny that such person had a title to such possession at the time when license was given.

Section 117 of Evidence Act "Estoppel of acceptor of bill of exchange, bailee or licensee"

No acceptor of a bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or license commenced, authority to make such bailment or grant such license.

Explanation 1. - The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.

Explanation 2.- If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.

 

Indian Evidence Act 1872

What is Proof of good faith in transactions where one party is in relation of active confidence? What is Presumption as to certain offences? Section 111 and 111A of Indian Evidence Act 1872

Is Birth during marriage, conclusive proof of legitimacy? What is Proof of cession of territory? What is Presumption as to abetment of suicide by a married women? Section 112, 113 and 113A of Indian Evidence Act 1872

What is Presumption as to dowry death? What is the meaning Court may presume existence of certain acts? What is Presumption as to absence of consent in certain prosecutions for rape? Section 113B, 114 and 114A of Indian Evidence Act 1872

What is Estoppel? What is Estoppel of tenant; and of license of person in possession? What is Estoppel of acceptor of bill of exchange, bailee or licensee? Section 115, 116 and 117 of Indian Evidence Act 1872

Who may testify? Dumb witnesses What is Parties to civil suit, and their wives or husbands, Husbands or wife of person under criminal trial? Section 118, 119 and 120 of Indian Evidence Act 1872

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