also submits that doctrine of approbation and reprobation has no applicability. He relies on the decision of the Supreme Court reported in P.R. Deshpande ... part of the Gopala Krishna. The principle of approbation and reprobation applies on all its fours to Gopala Krishna. But, the contention is that
Directors is hit by the
doctrine of approbation and reprobation and the same is also
against equity and fair play. The learned Senior Counsel
placed ... that on the facts of
the case the doctrine of approbation and reprobation is
applicable.
(v) That the jurisdiction of the Company Law Board under
priority cut till they were adversely
affected; the petitioners cannot approbate and reprobate; APM and
non-APM gas cannot be compared with
under the compromise decree, the tenant cannot be allowed to approbate and reprobate by pleading the decree is unexecutable. The learned counsel further submits that ... observed -
"Law does not permit a person to both approbate and reprobate. This principle is based on the doctrine of election which postulates that
play fast and loose, to blow hot and cold, to approbate and reprobate, to the detriment of his opponent; and that ibis wholesome doctrine applies ... follows :
"A party cannot both approbate and reprobate-Where a person alleged in the previous suit that the village in question
would show that he wants to approbate and reprobate of his own case and evidence. It is to be seen that the first defendant enjoyed ... stated:
On the principle that a person may not approbate and reprobate a special species of estoppel has arisen. The principle that a person
acquiesced to the merger and application of the doctrine of approbate and reprobate would preclude them from questioning the merger.
10. Learned standing Counsel would ... acquiesced to the amended regulations and that the principle of approbate and reprobate has no application.
30. The mere fact that the petitioners, subsequent
words, no one is permitted at the same time, to approbate and reprobate. It must be kept in view, however, that this does not militate ... well settled that a party cannot be allowed to approbate and reprobate. This principle is based on the
maxim "allegans contraria non est audiendus
even if true, does not help the employee. He cannot approbate and reprobate.
11. The employee relying upon a Division Bench decision of Madras High ... argued that the principle of "approbation and reprobation" will not apply to the fact of this case and will not disentitle
M.Gurumoorthy And Others vs C.Kamalamma And Others on 22 April, 2014
Author: M
