LAW OF EVIDENCE 569
(3) The Probate and Administration Act.
Matrimonial Jurisdiction.
Exercised under the Indian Divorce Act and other Acts relating to marriage and divorce.
Admirality Jurisdiction.
Letters Patent of the High Court and the Colonial Courts Admirality Act. 1890.
Insolvency Jurisdiction.
Charters and the Insolvency Acts.
ยง Matters which parties are estopped from Proving.
- The law of Estoppel is contained in Sections 115, 116, 117. Section 115 states the general rule of estoppel. Sections 116 and
117 enact particular kinds of estoppels.
2. Section 115.
(i) Comparison of Section 115 with Section 31.
Estoppel is like an Admission inasmuch as it is a statement of a fact. Most admissions can be withdrawn by the party who makes them. The fact that they were made remaains, but the party who made them can be heard to explain that he made them rashly and carelessly or under an honest misapprehension. Even he cluld be heard to say that he knew what he said to be false. But a statement may be made by one person to another in such an unequivocal manner and under such circumstances that it has a decisive effect on the conduct of the other. The law will not permit a person making such a statement to contradict it. The margine between an estoppel and an admission is very narrow and the answer to the question whether a statement is a mere admission or is a estoppel depends upon the nature of the statement and the circumstances appertain to it.
(ii) What are the legal requirements of the Rule of Estoppel ?
The rule of Estoppel comes into operation when the three following conditions are satisfied. 37 Bom. L. R. 544 P. C.
(i) A statement amounting to a representation of the exsitence of a fact has been made by the defendant or an