The general rule of **estoppel** under Section 115 of the Indian Evide…

Question

The general rule of **estoppel** under Section 115 of the Indian Evidence Act is based on which Latin maxim, and what is its essence?

Accepted Answer

B. {'text': 'Allegans contraria non est audiendus — a person alleging contrary facts should not be heard', 'label': 'B'}

1. Section 115 of the Indian Evidence Act codifies **estoppel**: when one person has by his declaration, act or omission intentionally caused or permitted another to believe a thing and act on it, he shall not be allowed to deny it in any suit or proceeding between himself and that person.
2. The lesson cites the maxim **"allegans contraria non est audiendus"** — a person alleging contrary facts should not be heard.
3. The doctrine forbids a person from approbating and reprobating; from blowing hot and cold.
4. The other maxims belong to criminal law, tort, and statutory interpretation respectively.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 11 (Indian Evidence Act, 1872), pp. 251-272._

Answer

{'text': 'Actus non facit reum nisi mens sit rea — the act does not make one guilty unless the mind is also guilty', 'label': 'A'}

Answer

{'text': 'Ignorantia juris non excusat — ignorance of the law is no excuse and applies in every criminal case under the Indian Penal Code regardless of context', 'label': 'C'}

Answer

{'text': 'Damnum sine injuria — damage without legal injury and applies in every civil case under the Indian Evidence Act regardless of context of the case', 'label': 'D'}