seen on a case-to-case basis.
APPROBATE AND REPROBATE:
26.These phrases are borrowed from the Scott’s law. They would only mean that ... doctrine of election is
inbuilt in the concept of approbate and reprobate. Once again, it is a principle
of equity coming under the contours
withdrawn by defendant
Whether defendant can challenge the decree thereafter-
Approbation and Reprobation-Rewa State Pre-emption Act,
1949.
HEADNOTE:
In a suit instituted ... upon
the doctrine that a person cannot be allowed to approbate
and reprobate.
Held (Sarkar, J., dissenting), that the act of the appellant
in withdrawing
afterthought to suit his convenience. He cannot be allowed to approbate and
reprobate. Though we are conscious about the earlier precedents dealing with the
stage ... Others v. N. Murugesan and
Others , (2022) 2 SCC 25,
“Approbate and reprobate
26. These phrases are borrowed from the Scots law. They would only
burden of proof -'Maxim that 'a person cannot approbate and
reprobate'-Applicability-Transfer of Property Act (IV of
1882), s. 52- Indian ... argued, on the
principle that a person cannot both approbate and reprobate.
Now, the facts relating to the litigation
Transfer of
Property Act. The Club thus approbates
and reprobates which it legally cannot
do.
(e) The Club did not accept the order dated ... lease rent to the Trust. Therefore,
the Club seeks to approbate and reprobate.
62. The phrase `approbate and reprobate' is
borrowed from Scots
opinion defaulting allottes of valuable plots cannot be
allowed to approbate and reprobate by first agreeing to abide by terms and
conditions of allotment ... liability as per
the agreed terms.
22. The doctrine of “approbate and reprobate” is only a species of
estoppel, it implies only to the conduct
stand for election-Doctrine of Promissory Estoppel and
principle of approbation and reprobation.
HEADNOTE:
In the year 1978, a proviso was added to Rule ... ground of estoppel or the
principle that one cannot approbate and reprobate or that
they were guilty of laches. In the first instance some
that view of the matter, it cannot be
permitted to approbate or reprobate at the same time.
(2) The purported liberty granted by this Court ... situation, the doctrine that a person cannot be permitted to approbate or
reprobate at the same time must be invoked.
20
In Nagubai Ammal
reject
what was not. The appellant cannot approbate and
reprobate. The maxim qui approbat non reprobat (one who
approbates cannot reprobate) is firmly embodied ... former without complying
with the latter. A person cannot approbate and reprobate or
accept and reject the same instrument. In Ambu Nair v.
Kelu Nair
permissible under law, as no party can be allowed to approbate or reprobate, as
held by this Court in Union of India v. N Murugesan ... Approbate and reprobate
26. These phrases are borrowed from the Scots law. They would only mean that
no party can be allowed to accept
