Doctrine Of Estoppel: Overview

Article by Arvind Thapliyal and Kunal Kumar¹

Estoppel Principle

"Estoppel may be defined as disability whereby a party is precluded from alleging or proving in legal proceedings, that a fact is otherwise than it has been made to appear by the matter giving rise to that disability." HALSBURY (4th Ed, Vol. 16, para 1501, page1008).

The term "Estoppel," comes from an old-French word- "Estoupail" (or variation), which means "stopper plug", referring to placing a brake on the imbalance of the situation. The rationale behind estoppel is to prevent injustice owing to fraud or inconsistency.

In its simplest sense, doctrine of Estoppels, precludes a person from denying or to negate anything to the contrary of that which has been constituted as truth, either by his own actions, by his deeds or by his representations or by the acts of judicial or legislative officers. Estoppel is often described as a rule of evidence as indeed it may be so described. But the whole