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1 - 10 of 45 (2.64 seconds)Article 226 in Constitution of India [Constitution]
The Code of Criminal Procedure, 1973
Section 4 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 6 in The Code of Criminal Procedure, 1973 [Entire Act]
P.R. Deshpande vs Maruti Balaram Haibatti on 11 August, 1998
"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. [Vide Babu Ram v. Indra
Pal Singh, reported in (1998) 6 SCC 358, P.R. Deshpande v. Maruti
Balaram Haibatti, reported in (1998) 6 SCC 507, and Mumbai
International Airport (P) Ltd. v. Golden Chariot Airport [(2010) 10
SCC 422 = (2010) 4 SCC (Civ) 195]."
Commissioner Of Income-Tax, Madras vs V. Mr. P. Firm, Muar on 26 October, 1964
34. A party cannot be permitted to "blow hot and cold", "fast and
loose" or "approbate and reprobate". Where one knowingly accepts the
benefits of a contract or conveyance or an order, is estopped to deny the
validity or binding effect on him of such contract or conveyance or order.
This rule is applied to do equity, however, it must not be applied in a
manner as to violate the principles of right and good conscience. [Vide
Nagubai Ammal v. B. Shama Rao, reported in AIR 1956 SC 593, CIT v.
V.MR.P. Firm Muar, reported in AIR 1965 SC 1216, Maharashtra SRTC v.
Balwant Regular Motor Service , reported in AIR 1969 SC 329, R.
Deshpande v. Maruti Balaram Haibatti, reported in (1998) 6 SCC 507 =
AIR 1998 SC 2979, Babu Ram v. Indra Pal Singh, reported in (1998) 6
SCC 358 = AIR 1998 SC 3021, NTPC Ltd. v. Reshmi Constructions,
Builders & Contractors, reported in (2004) 2 SCC 663 = AIR 2004 SC
1330, Ramesh Chandra Sankla v. Vikram Cement and Pradeep Oil
Corpn. v. MCD. reported in (2008) 14 SCC 58 = 2009 (1) SCC (L&S) 706
= AIR 2009 SC 713]
R.N. Gosain A vs Yashpal Dhir on 23 October, 1992
In R.N. Gosain v. Yashpal Dhir, reported in 1992 (4) SCC
683, this Court has observed as under:
Hari Narain vs Badri Das on 4 March, 1963
59. The aforesaid requirement of coming to Court with clean
hands has been repeatedly reiterated by this Court in a large number
of cases. Some of which may be noted, they are: Hari Narain v. Badri
Das - AIR 1963 SC 1558, Welcome Hotel and others v. State of A.P.
and others - (1983) 4 SCC 575, G. Narayanaswamy Reddy (Dead) by
LRs.
G. Narayanaswamy Reddy (Dead) Byl.Rs. ... vs Govt. Of Karnataka And Anr on 29 April, 1991
and another v. Government of Karnatka and another - (1991) 3
SCC 261, S.P. Chengalvaraya Naidu (Dead) by LRs. v. Jagannath
(Dead) by LRs.