party cannot be permitted to „blow hot-blow cold‟ or „approbate and
reprobate‟. Paragraphs 15 and 16 are reproduced as under:-
"15. A party ... blow cold", "fast and
loose" or "approbate and reprobate". Where one knowingly accepts
the benefits of a contract, or conveyance
Sodha Tagaji A. & 89 vs State Of Gujarat Thro Secretary & 2 on 19
dated 22.02.2018, directing appointment.
Appellant cannot approbate and reprobate, and few decisions are worthwhile
to consider,
(i). In New Bihar Biri Leaves Co. Vs. State ... maxim is qui
approbat non reprobat (one who approbates cannot reprobate).
This principle, though originally borrowed from Scots Law, is now
firmly embodied in English
that a litigant cannot be permitted to 'approbate' and 'reprobate' at the
same time..
30. In this regard, it would ... party to a transaction from approbating a part of its conditions and
reprobating the rest, is different from the doctrine of estoppel or
waiver
rejected.
24. The law does not allow anyone to both approbate and reprobate. A
person cannot be allowed to have the benefit of an instrument ... judgment are reproduced hereunder:-
12 SWP No. 349/2011
"APPROBATE AND REPROBATE:
26. These phrases are borrowed from the Scots law. They would
only
respondent further submitted that the
appellant cannot be permitted to approbate and reprobate by
challenging the very same order in Application Nos.4402 ... maxim is qui
approbat non reprobat (one who approbates cannot
reprobate). This principle, though originally borrowed
from Scots Law, is now firmly embodied in English
payment. Action of the petitioner falls within the doctrine of approbate and reprobate. Reference can be made to few decisions.
19. In New Bihar Biri ... maxim is qui approbat non reprobat (one who approbates cannot reprobate). This principle, though originally borrowed from Scots Law, is now firmly embodied in English
therefore contended that the writ
petitioner was not entitled to approbate and reprobate
having written the examination with open mind and having
known about ... approbate or reprobate. It is argued that the 1st respondent
had participated in the written test based on the conditions
in the prospectus and thereafter
present case to the in-
applicability of the doctrine of approbate and reprobate in the
case of Union Of India Vs. N Murugesan rendered ... Apex Court has observed as under:-
"APPROBATE AND REPROBATE:
26.These phrases are borrowed from the
Scott's law. They would only mean
cold", "fast and loose" or "approbate and reprobate". Where one knowingly accepts the benefits of a contract or conveyance ... held that defaulting allottees cannot be allowed to approbate and reprobate by first agreeing to abide by the terms and conditions of allotment and later
