DOCTRINE OF ESTOPPEL

The doctrine of Estoppel is stated under section 115 of the Indian Evidence Act, 1892. It is based on the principle that it would be unjust, if one party either by conduct or any other manner has induced the other party to believe and act upon such representation, neither he nor those representing can in a subsequent court proceeding deny the truth. Principle of Estoppel was established in the case of Pickar v. Sears, in this case, one party by his words or activities instigated the other party and cause him to accept the realities and in this manner the other party carried on as indicated or modified its position. The court held that the doctrine established in the case is not a standard of value but a rule of evidence, applied in the court of law.

There are various kinds of Estoppel, some of them are described below:

1. Estoppel by matter of record: It is mainly concerned with the judgements and their admissibility in evidence. The common principle is that the judgement debtor must when it has once stated, follow the same unless it gets aside by the procedure set down for the same.
2. Estoppel by deed: When a party has entered into any engagement by deed claiming certain facts, neither he nor any of his representatives can challenge the facts later. It stays related only to the parties concerned. The principle will not be applied based on the matter, which is non-binding to the case and immaterial. No estoppel will be invoked if the deed is tainted or fraud.
3. Estoppel by Conduct: Estoppel by conduct arises from an agreement, contract, misrepresentation, negligence and omission which has bring a change in the position in accordance with the act of the other party. If a person falsely makes the other person believe the facts and he acted as per them which in the normal condition he won’t do otherwise had he been aware of this. Estoppel forbid that person from refusing the existence of these facts. 
4. Promissory Estoppel: The history of promissory estoppel can be seen from the London, where once the party, by his words or conduct makes a legally binding promise, and other party acted as per that promise then the first party can’t take his words back. The doctrine of promissory estoppel will not be applicable if the representation gets changed by any government official.
5. Issue Estoppel: The basic rule of issue estoppel is that the same fact and law which was discussed before the court of law should not be repeated in the court.
6. Estoppel by Silence: When there is an inherent duty of a person to inform the other person all facts and circumstances, but he stays silent, his failure to perform this duty works as estoppel against him. If there is no duty to speak, no estoppel will be imposed. The silence of such nature which leads to fraud or misrepresentation would be taken as the grounds of estoppel.

There are few more types of estoppels like estoppel by negligence, estoppel against estoppel but few important are described above. The doctrine of estoppel plays a crucial role in any case as it leads to justice.