Estoppel Quiz & Flashcards on Adhiniyam Tree 2023

Study Notes

Estoppel under Bharatiya Sakshya Adhiniyam 2023

The Bharatiya Sakshya Adhiniyam 2023 (BSA) is a new law that replaces the Indian Evidence Act of 1872, and it governs the rules and principles of evidence for fair trials in India. One of the key aspects of the BSA is the provision of estoppel, which is a principle that prevents a party from denying something that they have previously admitted or represented. This article will discuss the different types of estoppel, their effects on evidence, and how they are relevant to the BSA.

Estoppel by Deed

Estoppel by deed occurs when a person is prevented from denying the truth of a matter because they have previously agreed to it in a written document. For example, if a person signs a contract with another party that includes a certain provision, they cannot later deny the truth of that provision in a court of law.

Estoppel by Conduct

Estoppel by conduct arises when a person's actions or behavior indicate a particular position or claim, and they are subsequently prevented from denying that position or claim. For instance, if a person repeatedly acts in a way that suggests they accept a certain fact, they may be estopped from denying that fact in court.

Estoppel by Judgment

Estoppel by judgment occurs when a court has made a decision on a particular matter, and no party can later reopen that decision. This type of estoppel is particularly important in legal proceedings, as it prevents parties from raising the same issue multiple times.

Estoppel by Representation

Estoppel by representation involves a situation where a person makes a representation, which is a statement made or a document presented with a view to inducing another person to act or refrain from acting, and that person is subsequently prevented from denying the truth of that representation. For example, if a person makes a false representation to another person with the intention that they would rely on that representation, the person making the representation cannot later deny the truth of it.

Effect of Estoppel on Evidence

The effect of estoppel on evidence is that a party cannot deny the truth of a matter if they have previously admitted or represented it. This means that evidence that would be otherwise inadmissible because it is hearsay, for example, may become admissible if it is necessary to show that a party is estopped from denying its truth.

In conclusion, estoppel is an essential principle of evidence that prevents a party from denying something that they have previously admitted or represented. The Bharatiya Sakshya Adhiniyam 2023 recognizes various forms of estoppel, including by deed, conduct, judgment, and representation, and establishes their effect on the admissibility of evidence. Understanding these principles is crucial for anyone involved in legal proceedings, as they can significantly impact the outcome of a case.

Description

This quiz covers the principle of estoppel in the Bharatiya Sakshya Adhiniyam 2023, including its types, effects on evidence, and relevance to legal proceedings in India. Understand the different forms of estoppel and how they impact the admissibility of evidence. Test your knowledge of this crucial aspect of Indian evidence law.