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1 - 3 of 3 (0.14 seconds)R.N. Gosain A vs Yashpal Dhir on 23 October, 1992
" The principle of 'approbate and
reprobate' or the law of election
which is the basis of the decision
in R. N. Gosain's case (supra)
cannot, in our opinion, be applied
appropriately to preclude this
Court from exercising its
jurisdiction under Article 136. The
doctrine of election is founded on
equitable principle that where a
person persuades another one to act
in a manner to his prejudice and
derives any advantage from that
then he cannot turn around the
claim that he was not liable to
perform his part as it was void. It
applies where a vendor or a
transferor of property tries to
take advantage of his own wrong.
this principle cannot, in our
opinion, be extended to shut out or
preclude a person from invoking the
constitutional remedy provided to
him under Article 136. The law that
there is no estoppel against
statute is well settled. Here it is
a remedy under the Constitution and
no law can be framed much less the
principle of election which can
stand in the way of the appellant
from invoking the constitutional
jurisdiction of this Court."
Thacker Hariram Motiram vs Balkrishan Chatrabhu Thacker And Ors. on 25 April, 1988
SCC 254) and Thacker Hariram
Motiram vs. Balkrishan Chatrabhu Thacker & Ors. (1989 supple
SCC 655). In all those three decisions Sabyasachi Mukherjee,
J. (as he then was), speaking for the Bench, adopted a
uniform approach that "whatever be the merits of the case
............ it would not be proper, after such an
undertaking was given in the High Court and time was taken
on the basis of such undertaking, to interfere with the
finding made by the High Court," Appeals were dismissed on
that score alone.
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