Exceptions of Estoppel under the Indian Evidence Law.
Exceptions to the Rule of Estoppel.
- when the other party knows the truth and still he/she acts upon the false representation, then the rule of Estoppel doesn't apply in such cases because the other party should innocently believe on the false representation.
- Rule of Estoppel doesn't apply in criminal cases.
- Rule of Estoppel in any fraud acts.
- Rule of Estoppel doesn't apply in negligence cases.
- Rule of Estoppel doesn't apply to any unlawful transfer of property.
- Rule of Estoppel doesn't apply to any minor (person below 18).
- Rule of Estoppel doesn't apply in the legislative or executive functions of the Government.
- Rule of Estoppel doesn't apply to any statute, sovereign act or to any point of law.
ILLUSTRATION
- If a child who is below 18 years of age and he falsely represents to another person that he is above 18 years of age. And that other person believing him does a contract agreement with the child, then here the Rule of estoppel will not apply because the child is below 18 years and the contract is itself void and so therefore the person cannot ask the court to apply the rule of estoppel and make the child fulfil the contract agreement.
- If a government does any contract for a certain development plan and recruits employees to execute that plan, but later the government cancels the contract plan due to some reason. then the employees cannot file a case against the government in court to apply rule of estoppel. Because the rule of estoppel does not apply to the legislative and executive functions of the government.
- If a student makes a false marksheet and gets admission in a good college, here the rule of estoppel doesn't apply and the college can cancel the admission of that student.
- If a student actually got high marks but the school mistakenly printed the marksheet with low scores than the student can complaint and get it corrected, Here the principle of estoppel doesn't apply.
Reference:-
Textbook - Principles of the law of Evidence, Fifteenth Edition by Dr. Avtar Singh.
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