Date:-21/04/2024 Retrieved Rubrics -ESTOPPEL --------------------------- Retrieved Rubrics - from : SELECTED LEGISLATION ------------------------------------------------ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... person as well as against the person who makes such confession. Explanation 1.—"Offence", as used in this section, includes the abetment of, or attempt to commit, the offence. Explanation I1.—A trial of more persons than one held in the absence of the accused who has absconded or who fails to comply with a proclamation issued under section 84 of the Bharatiya Nagarik Suraksha Sanhita, 2023 shall be deemed to be a joint trial for the purpose of this section. 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. 25. 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 26. 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, namely:— (a) 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; (b) when the statement was made by such person in the ordinary course of business, and in particular when it consists of any entry or memorandum made by him in books kept in the ordinary course of business, or in the discharge of professional duty; or of an acknowledgement written or signed by him of the receipt of money, goods, securities or property of any kind; or of a document used in commerce written or signed by him; or of the date of a letter or other document ........................................................ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... ( vii) as to [lustration ( f)—the question is, whether a letter was received. It is shown to have been posted, but the usual course of the post was interrupted by disturbances: (viii ) as to Hlustration (g)—a man refuses to produce a document which would bear on a contract of small importance on which he is sued, but which might also injure the feelings and reputation of his family; (ix) as to IMlustration (h)—a man refuses to answer a question which he is not compelled by law to answer, but the answer to it might cause loss to him in matters unconnected with the matter in relation to which it is asked: (x) 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. 120. In a prosecution for rape under sub-section (2) of section 64 of the Bharatiya Presumption Nyaya Sanhita, 2023, where sexual intercourse by the accused is proved and the question 48 t absence is whether it was without the consent of the woman alleged to have been raped and such of onsen in woman states in her evidence before the Court that she did not consent, the Court shall prosecution presume that she did not consent. for rape. Estoppel. Estoppel of tenant and of licensee of person in possession. Estoppel of acceptor of bill of exchange, bailee or licensee. ‘Who may testify. Witness unable to communicate verbally. ........................................................ SEARCH RUBRICS :ESTOPPEL ........................ SELECTED LEGISLATION :THE BHARATIYA SAKSHYA ADHINIYAM, 2023 .....................:..................................... acceptor of bill of exchange, bailee or licensee. ‘Who may testify. Witness unable to communicate verbally. 36 THE GAZETTE OF INDIA EXTRAORDINARY [Part I— Explanation.—In this section, "sexual intercourse" shall mean any of the acts mentioned in section 63 of the Bharatiya Nyaya Sanhita, 2023. CHAPTERVIII ESTOPPEL 121. 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. 122. No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy or any time thereafter, 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 thereof shall be permitted to deny that such person had a title to such possession at the time when such licence was given. 123. 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 ........................................................