• “Estoppel” means that a fact once accepted cannot be denied later.
• The provision of Estoppel applies to factual matters and not to legal matters.

For example

Even if a person declares that he does not want a share, if he has not gone to the post office related to the other (ansiyar) and passed the letter of waiver of share, he can claim the share at any time. Share is a legal matter and it is considered a natural right.

• Primarily, evidence is a matter of law, but the admissibility of evidence is also connected to procedure. For that reason, the procedural law of Estoppel, the Constitution has a meaningful relationship with it.
• Estoppel means that once someone has expressed something, he cannot later refute it by saying that it is not true.
• Estoppel is generally based on the fundamental assumption that no one has the right to speak against another, and those who engage in such contradictory actions will not be heard.
• It is believed that one should be committed to what one has promised.

Purpose of the Estoppel

• In fact, if you are allowed to do one thing when it is beneficial to you and the other when it is not beneficial, uncertainty will arise in mutual behavior as well as dishonest and negligent activities will be encouraged. Therefore, the purpose of the law is to protect justice by promoting honesty and controlling fraudulent behavior.
• Estoppel also helps to be disciplined by stopping from repeating different things about a fact. It has also been accepted in the judicial field that this principle is necessary to discipline people.

Types of Estoppel

1. Estoppel by Deed

A person is not allowed to express or submit evidence against a written promise or promise that will be contradicted later.

• Estoppels by Record

This is a statement made from the records of the court. Once the competent court has decided on a matter, the dispute cannot be raised by the same party in the same court. It is based on the principles of substantive justice and draws on the content of both civil and criminal trends.

• Estoppels by Representation

After doing under the belief that they represent someone, the concerned person should take responsibility for it; they cannot later deny it.

• Estoppels by Agreement

If certain facts have been acknowledged, and an agreement to conduct business has been established, both parties cannot later deny it.

Factors to consider

• Something must be communicated to someone regarding a fact.
• Communication can be done through writing, words, or actions.
• What is communicated must be believed by the second person.
• Action must have been taken based on that belief.

Legal Provision related to the Estoppel

Evidence Act, 2031

Section 34 Estoppel:

(1) If a person, through writing, speech, or activity, causes another person to believe something to be true and act on that belief, they cannot deny the truth of that thing between themselves and that person.

This Section does not apply legally.

(2) Sub-section (1) applies to anyone who receives rights from the stated individuals about the case.

Exceptions of the Estoppel

Estoppel are not applicable in the following cases:

• Estoppel does not contravene with the Constitution.

The doctrine of estoppel does not apply to legal matters. In other words, if you admit to committing an act prohibited by law, you cannot invoke the doctrine of estoppel by not committing that act.

• Estoppel is purely the Civil process whereas, it does not apply in the Criminal Cases.
• There is no conflict in the context of a promise made on an uncertain matter.

Difference between Res judicata and Estoppel

S.N.	Res Judicata	Estoppel
1.	Res Judicata falls within the realm of “Procedure”	Estoppel falls within the realm of the “Evidence”
2.	Res Judicata is able to do something once After the court has made a decision, it prohibits filing a case against the same person on the same matter.	Estoppel means that if a person, through writing, actions, or conduct, leads another person to believe something or induces them to take certain actions, and if there is anything asserted or denied between them, it cannot be contradicted in the case.
3.	Res Judicata prohibits judicial investigation by filing another complaint against a person in a court of law against the same person in a situation where the court has already given a decision on a matter.	Estoppel is based on the facts expressed in a statement. Once a decision has been rendered by the court, it is binding and cannot be contradicted.