Correct option is C
The doctrine of estoppel applies primarily to questions of fact, preventing a person from asserting something contrary to what they previously stated or implied when another party has relied on that representation. Estoppel does not generally apply to questions of law, but it does apply to questions of fact, making option (c) the incorrect choice in the context of exceptions.
Information Booster:
Estoppel is a legal principle under the Indian Evidence Act, 1872, specifically covered under Section 115. It prevents a person from denying or asserting something that contradicts what they previously stated or agreed to, especially if another party has relied upon that statement or representation.
Key Concept:
· Estoppel on facts is when a party is stopped from denying the truth of a fact they have previously admitted or allowed another party to believe.
· Exceptions to estoppel mainly arise in situations involving legal rights or questions of law.
Notable Exceptions to the Doctrine of Estoppel:
1. When the truth is known to both the parties (Option a): If both parties are aware of the truth, estoppel cannot be invoked. This is because estoppel is based on misleading or misrepresenting facts, and when both parties know the truth, no one is misled.
2. On the question of law (Option b): Estoppel does not apply to questions of law. A party cannot be estopped from challenging the interpretation of a law, as estoppel only applies to facts. For example, even if a person wrongly believes that a law applies in a certain way, they are not estopped from arguing the correct legal position later.
3. Against the law (Option d): Estoppel cannot operate against the law or legal provisions. For example, if a representation or statement contradicts statutory law, estoppel cannot be used to enforce that representation.
Why "On the question of fact" is not an exception:
· Estoppel on facts applies to factual situations where a person, by their words or conduct, has led another party to believe in the existence of a fact. Once such a belief is created and relied upon, the person cannot deny the existence of that fact. This is the essence of estoppel. Therefore, estoppel does apply to questions of fact, and Option (c) is not an exception.
