Qanoon-e-Shahadat Order, 1984 - Estoppel
1. Introduction
An estoppel is a rule of evidence which precludes a party from denying the truth of certain facts. It is applicable in civil cases only and is based on equity and good conscious.
2. Statutory Provisions
a. Qanun-e-Shahadat Order, 1984
- Art. 114, 115, 116
b. Indian Evidence Act, 1872
- Sec. 115, 116, 117
c. Code of Criminal Procedure, 1908
- Sec. 11
d. Partnership Act, 1932
- Sec. 28
3. Case Law Definition
Doctrine of estoppel is an equitable doctrine, a rule of exclusion which implies that if a person had by act or omission attested the position, he would be estopped and be precluded from denying it. [PLD 1989 Kar 499]
4. Object of Estoppel
The object of estoppel is to prevent fraud and to secure justice between the parties by promotion of honesty and good faith.
5. Analysis of Art. 114
a. Representation
- Must be of fact and not of law
- Must be of existing fact
- Must have been acted upon
b. No estoppel where no representation is made
c. Result must not be ultravires / illegal
d. No estoppel where truth is known to both parties
6. Form of Representation
The Representation to form the basis of estoppel may be made either by
- i. Statement
- ii. By conduct (and conduct includes negligence)
Explanation [AIR 1965 AP 163]
7. Effect of Representation
If there was no representation from the plaintiff, there cannot be an estoppel.
"No Representation, No Estoppel"
8. Condition Precedent
- Party sought to be estopped make a representation
- Estoppel must be certain
- Intention to induce party to act upon it
- Raising or pleading party has altered his position to his detriment
- Estoppel by itself neither create title nor cause of action
- Restricted to parties
9. Basis of Estoppel
Equity, Good Faith, and Good Conscience
10. Kinds of Estoppel
- a. By judgment
- b. By deed
- c. By conduct
11. Estoppel of Immovable Property
a. Relevant Provision
- Art. 115 Qanun-e-Shahadat Order, 1984
b. Extent of Art. 115
It applies to following:
- Tenant and Landlord
- Licensee and Licensor
- Mortgagee and Mortgagor
c. Principle
In Art. 115, this rule is established that a person retains or takes possession of a property in a fiduciary capacity is estopped from questioning the title of the person from whom he got possession.
12. Estoppel of Movable Property
a. Relevant Provision
- Art. 116 Qanun-e-Shahdat Order, 1984
b. Application of Art. 116
It deals with the estoppel in respect of movable property, such as acceptors of Bills of Exchange, bailees, and licensees.
Examples given regarding authority and commencement of agreements.
13. Consequences of Estoppel
The principle applied is that where the fact presumed is taken to be true, not as against the entire world, but as against a particular party. It operates merely as a personal disqualification and does not bind anyone who claims by an independent title.
14. Burden of Proof
Upon the party claiming estoppel.
15. Limitations of Doctrine of Estoppel
Various limitations exist, such as in criminal cases, statements of opinion, representations on questions of law, mere silence, minors, and jurisdiction of the court.
16. Conclusion
PLD 2006 Lah. 121