572 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
a person to speak only when there is a duty upon him to speak and to disclose his mind. Otherwise silence is golden.
Silence therefore to raise an estoppel must imply an obligation to speak. In considering the effect of silence it has to be seen whether there was any occasion for words and any reasonable occasion for silence. This ought to be done before relying on silence as a legitimate ground for inference.
(1896) A. C. 231 (238)
2 Br. C.C. 400(419)
6 Bom. L.R.
Illus. (1) Silence no ground for Estoppel.
10 Bom. L.R. 297.
A decree was obtained against the father by a judgment creditor. In execution the property was managed by the Collector and the proceeds were sent to the creditor. While this was going on, the father died and the son inherited the property. The Joint Creditor sought to execute the decree against the son who contended that he was not liable as the debts were improper. It was contended that the son was estopped because his silence was representation that he accepted the decree ; Held that it was not because there was no duty.
Illus. (2) Silence ground for Estoppel
15 I. A. 171.
Sale by Court in Execution proceedings by a proclamation which described the rights of the Judgment-debtor very imperfectly. The result is that the property worth of Rs. 40,000 sold for Rs. 20,000. Suit was brought by the Joint Debtor to set aside the sale. Contention was that silence was Estoppel. Held it was, as there was a duty to come forward and get the proclamation corrected.
Representation may be by conduct
- Conduct may amount to representation or it may not—
(i) Where it does amount to representation 19 I. A. 203.
(ii) Where it does not. 19 I. A. 221.