Published on: 26 October 2022 at 13:07 IST
Court – Supreme Court of India
Citation – Pilots’ Assn. of India v/s DG of Civil Aviation (2011) 5 SCC 435
Hon’ble Supreme Court of India has held that law does not permit a person to both approbate and reprobate by the virtue of Doctrine of Election which postulates that no party can accept and reject the same instrument.
It is held that the Doctrine of Election is based on Doctrine of Estoppel wherein a person cannot say at one time that a transaction is valid and thereby obtain some advantage, to which he could only be entitled on the footing that it is valid, and then turn round and say it is void for the purpose of securing some other advantage.
Para – 12
The doctrine of election is based on the rule of estoppel—the principle that one cannot approbate and reprobate inheres in it. The doctrine of estoppel by election is one of the species of estoppels in pais (or equitable estoppel), which is a rule in equity.
By that law, a person may be precluded by his actions or conduct or silence when it is his duty to speak, from asserting a right which he otherwise would have had. Taking inconsistent pleas by a party makes its conduct far from satisfactory.
Further, the parties should not blow hot and cold by taking inconsistent stands and prolong proceedings unnecessarily.
Drafted By Abhijit Mishra
Key Words – Estoppel, Statutory Authority, Compliance.