AIR 2013 SUPREME COURT 1241 ::2013 AIR SCW 1244 ::(2013) 120 RevDec 144 ::2013 (5) SCC 470 ::(2013) 2 Scale 452 ::AIR 2013 SC (Civil) 917 ::(2013) 4 ICC 291 ::(2013) 2 Mad LJ 756 ::2013 (3) KCCR SN 297 (SC) ::(2013) 1 LandLR 59

Supreme Court Of India

(From : Rajasthan)*

Hon'ble Judge(s): B. S. Chauhan, V. Gopala Gowda , JJ

(A) Evidence Act (1 of 1872) , S.115— Civil P.C. (5 of 1908) , O.6 R.2— Approbate and reprobate - Principle of - Inhere in rule of estoppel by election. A party cannot be permited to 'blow hot-blow cold', 'fast and loose' or 'approbate and reprobate'. Where one knowingly accepts the benefits of a contract, or conveyance, or of an order, he is stopped from denying the validity of, or the binding effect of such contract, or conveyance, or order upon himself. This rule is applied to ensure equity, however, it must not be applied in such a manner, so as to violate the principles of, what is right and, of good conscience. The doctrine of election is based on the rule of estoppels-the principle that one cannot approbate and reprobate is inherent in it. The doctrine of estoppels by election is one among the species of estoppels in pais (or equitable estoppels), which is a rule of equity. By this law, a person may be precluded, by way of his actions, or conduct, or silence when it is his duty to speak, from asserting a right which he would have otherwise had.(Para 9 10) (B) Words and phrases - Mutatis mutandis - Meaning.The phrase 'mutatis mutandis' implies that a provision contained in other part of the statute or other statutes would have application as it is with cer....