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    Question

    Which Section of Indian Evidence Act is founded on the

    doctrine laid down in “Pickard v Sears”?
    A Section 6 Correct Answer Incorrect Answer
    B Section 32 Correct Answer Incorrect Answer
    C Section 101 Correct Answer Incorrect Answer
    D Section 115 Correct Answer Incorrect Answer

    Solution

    The principle of doctrine of Estoppel is stated under Section 115 of the Indian Evidence Act, 1892. Estoppel is based on the principle that it would unjust, if a person intentionally by conduct or in any other manner has induced other person to believe and act upon such a representation, neither he or those representing can in a subsequent Court proceedings deny the truth. The accused does through omission, act or declaration. The term Estoppel is derived from the maxium, “allegans contraria non est audiendus” which implies a person alleging contradictory facts should not be heard, and is the species of presumptio juris et de jure, wherein the fact presumed is taken to be true against the party stating the same. Principle of Estoppel was established in the case of Pickar v. Sears, wherein a person by his words or conducts induces to another person to believe a fact and subsequently acts according to that belief or to alter his previous position, the accused is barred from later changing his position. The doctrine established in this section is not a rule of equity rather rule of evidence, applied in the Court of law In this case, the plaintiff leased a property to a third party, but the lease was subsequently transferred to the defendant. The plaintiff later sought to evict the defendant from the property, claiming that the lease had been obtained through fraud. The defendant argued that the plaintiff was estopped from denying the validity of the lease, as the plaintiff had previously accepted rent payments from the defendant without objection. The court held that the plaintiff was indeed estopped from denying the validity of the lease, as the plaintiff's acceptance of rent payments amounted to a representation that the lease was valid, and the defendant had relied on this representation to their detriment. The court established the principle of estoppel, which has since become a fundamental principle of common law, and is now recognized in many legal systems around the world.

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