petitioner, who, in view of
discussion made above, has approbated and reprobated. It is trite
that a party cannot be permitted to "blow ... permitted to "fast and loose" or
"approbate and reprobate". This rule is applied to ensure equity
and is inherent in rule
rule of
estoppel. The principle that one cannot approbate or
reprobate.
In State of Punjab (supra), the Supreme Court observed in
paragraphs ... under :
"22. The doctrine of " approbate and reprobate" is only a
species of estoppel, it implies only to the conduct of
parties
Corporation or the State Government could not be permitted to approbate and reprobate at the same time. It is contended that the Corporation as well ... Corporation and the petitioners.
42. A person cannot approbate and reprobate at the same time to the detriment of his opponent. In Bhau
accused submits
that the maxim that a person cannot "approbate and reprobate",
squarely applies to the facts of the present case ... well settled that
no person can 'approbate and reprobate' together, to approve and
reject. The respondent complainant when failed to prove before
relief which he had sought.
A party cannot approbate and reprobate is the normal jurisprudential principle, and more especially a person who is invoking ... stated:
"On the principle that a person may not approbate and reprobate a special species of estoppel has arisen. The principle that a person
well accepted principle that a party cannot both approbate and reprobate. He cannot, to use the words of Honeyman, J., in Smith v. Baker ... Scotland is generally referred to by the phrase "approbate and reprobate." Dealing with the subiect, Spancer Bower, in this celebrated book
Supreme Court observed as under:
"23. The maxim qui approbat non reprobate (one who approbates cannot
reprobate) is firmly embodied in English common ... former without complying with the latter. A person
cannot approbate and reprobate or accept and reject the same
instrument."
60. Also relevant to note
Supreme Court observed as under:
"23. The maxim qui approbat non reprobate (one who approbates
cannot reprobate) is firmly embodied in English common ... former without
complying with the latter. A person cannot approbate and reprobate
or accept and reject the same instrument."
26. Also relevant to note
Supreme Court observed as under:
"23. The maxim qui approbat non reprobate (one who approbates cannot
reprobate) is firmly embodied in English common ... former without complying with the latter. A person cannot
approbate and reprobate or accept and reject the same instrument."
49. Also relevant to note
Supreme Court observed as under:
"23. The maxim qui approbat non reprobate (one who approbates cannot reprobate)
is firmly embodied in English common ... former without complying with the latter. A person
cannot approbate and reprobate or accept and reject the same instrument."
3.19 Also relevant to note
