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Law · Q44

Indian Evidence Act

Graduate and Post Graduate · Law · question 44

Q44

In which of the following there is no estoppel

A.
On a point of law
B.
Against a statute
C.
Attestation of a deed
D.
All the above
Answer

Answer: Option D

Solution

Answer: Option D
Solution:
In all the options provided, there is no application of estoppel:

Option A: On a point of law
Estoppel does not apply on points of law because individuals cannot be prevented from relying on the correct legal interpretation of a statute or legal principle. Estoppel primarily operates in the realm of facts, not law.

Option B: Against a statute
Estoppel cannot be invoked against a statute because statutes are paramount and take precedence over any inconsistent statements or actions. Individuals cannot be estopped from enforcing their rights or complying with statutory obligations.

Option C: Attestation of a deed
Attestation of a deed involves the act of witnessing the signing of a document to confirm its authenticity. While attestation serves a purpose in legal formalities, it does not involve estoppel. Estoppel pertains to preventing a party from asserting a fact inconsistent with a previous position, which is not the case with attestation.

Therefore, Option D correctly states that there is no application of estoppel in any of the scenarios mentioned.