Date:-21/04/2024 Retrieved Rubrics -ESTOPPEL --------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE INDIAN EVIDENCE ACT, 1872 .....................:............................. 1[Explanation. --"Offence" as used in this section, includes the abetment of, or attempt to commit, the offence.]2 Illustrations (a) A and B are jointly tried for the murder of C. It is proved that A said --"B and I murdered C". The Court may consider the effect of this confession as against B. (b) A is on his trial for the murder of C. There is evidence to show that C was murdered by A and B, and that B said -- "A and I murdered C". This statement may not be taken into consideration by the Court against A, as B is not being jointly tried. 31. Admissions not conclusive proof, but may estop. -- Admissions are not conclusive proof of the matters admitted but they may operate as estoppels under the provisions hereinafter contained. STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS WITNESSES 32. Cases in which statement of relevant fact by person who is dead or cannot be found, etc., is relevant. -- Statements, written or verbal, of relevant facts made by a person who is dead, or who cannot be found, or who has become incapable of giving evidence, or whose attendance cannot be procured without an amount of delay or expense which under the circumstances of the case appears to the Court unreasonable, are themselves relevant facts in the following cases: -- (1) When it relates to cause of death. -- When the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question. Such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question. (2) or is made in course of business. -- When the statement was made ........................................................ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE INDIAN EVIDENCE ACT, 1872 .....................:............................. which it is asked; as to illustration (i) -- a bond is in possession of the obligor, but the circumstances of the case are such that he may have stolen it. 1[114A. Presumption as to absence of consent in certain prosecution for rape. --In a prosecution for rape under clause (a), clause (b), clause (c), clause (d), clause (e), clause (f), clause (g), clause (h), clause (i), clause (j), clause (k), clause (l), clause (m) or clause (n) of sub-section (2) of section 376 of the Indian Penal Code (45 of 1860), where sexual intercourse by the accused is proved and the question is whether it was without the consent of the woman alleged to have been raped and such woman states in her evidence before the court that she did not consent, the court shall presume that she did not consent. Explanation.-- In this section, "sexual intercourse" shall mean any of the acts mentioned in clauses (a) to (d) of section 375 of the Indian Penal Code (45 of 1860).'. CHAPTER VIII. -- ESTOPPEL 115. 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 of the sale, he had no title. He must not be allowed to prove his want of title. 116. Estoppel of tenants and of licensee 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 ........................................................ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE INDIAN EVIDENCE ACT, 1872 .....................:............................. 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 of the sale, he had no title. He must not be allowed to prove his want of title. 116. Estoppel of tenants and of licensee 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 licence of the person in possession there of shall be permitted to deny that such person had a title to such possession at the time when such licence was given. 117. 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 licence commenced, authority to make such bailment or grant such licence. 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. CHAPTER IX. -- OF WITNESSES 118. Who may testify. -- All persons shall be competent to testify unless the Court considers that they are prevented from understanding the questions put to them, or from giving rational answers to those questions, by tender years, extreme old age, disease, whether of body or mind, or any other cause of the same kind. ........................................................