Published on: October 27, 2023 at 12:05 IST
Court: Supreme Court of India
Citation: National Insurance Co. Ltd. V. Mastan (2006)
Honourable Supreme Court of India has held that the Doctrine of Election of remedy has three elements, namely,
- Existence of two or more remedies;
- Inconsistencies between such remedies
- A choice of one of them.
It is held that if any one of the three elements is not there, the Doctrine of Election does not apply. Thus, if co-existent remedies are available to the litigants which are repugnant and inconsistent at the time of choice of remedy, then the Doctrine of Election applies.
The doctrine of election is a branch of “Rule of Estoppel”, in terms whereof 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. The Doctrine of Election postulates that when two remedies are available for the same relief, the aggrieved party has the option to elect either of them but not both.
Drafted By Abhijit Mishra
