Introduction
Estoppel, as outlined in Chapter VIII of Bharatiya Sakshya Adhiniyam (BSA), is a concept which helps in promoting fairness in legal relations. This article will focus on the key provisions in Bharatiya Sakshya Adhiniyam, 2023 (BSA) dealing with estoppel.
Section 121 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Section 121 establishes a core tenet of estoppel, stating that when one intentionally leads another to believe something and induces action based on that belief, neither party nor their representative can later deny the truth in any legal proceedings.
Example:
If A misleads B into believing certain land is A's, prompting B to buy it, A cannot later deny ownership when challenging the sale.
Section 122 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Section 122 talks about the scope of estoppel in the terms of tenancy and immovable property. It bars tenants or those claiming through them from denying the landlord's title to the property at the start of the tenancy or thereafter.
Example:
A tenant or their successor cannot dispute the landlord's title to the property during or after the tenancy.
Section 123 of Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Section 123 extends estoppel to bill of exchange acceptors, bailees, and licensees. Acceptors cannot deny the drawer's authority, and bailees or licensees cannot dispute the authority of their bailors or licensors at the commencement of the arrangement.
Example:
A bailee delivering goods to a person other than the bailor can't later deny that the recipient had a right to the goods against the bailor.
Significance of Estoppel:
Estoppel acts as a safeguard against inconsistency, ensuring accountability for one's declarations, acts, or omissions. It fosters reliability and stability in legal relations, discouraging parties from making contradictory claims.
Frequently Asked Questions (FAQs) on Estoppel in Bharatiya Sakshya Adhiniyam (BSA), 2023:
Q1: What is estoppel, and where is it outlined in BSA?
A1: Estoppel, outlined in Chapter VIII of Bharatiya Sakshya Adhiniyam (BSA), is a legal concept promoting fairness in legal relations by preventing inconsistency in statements and actions.
Q2: What does Section 121 of BSA establish regarding estoppel?
A2: Section 121 establishes that when one intentionally leads another to believe something and induces action based on that belief, neither party nor their representative can later deny the truth in any legal proceedings.
Q3: How does Section 122 of BSA impact tenancy and immovable property?
A3: Section 122 prevents tenants or those claiming through them from denying the landlord's title to the property at the start of the tenancy or thereafter.
Q4: What does Section 123 of BSA extend estoppel to?
A4: Section 123 extends estoppel to bill of exchange acceptors, bailees, and licensees, preventing them from denying certain authorities at the commencement of the arrangement.
Estoppel under BSA (Bharatiya Sakshya Adhiniyam)
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