removal from service as it is not permissible to approbate and reprobate. It is to be noted here that the question of asking for payment ... that the decree is erroneous and cannot be allowed to approbate and reprobate. The Supreme Court in that decision took notice of certain earlier decisions
defendant on the principle that a party cannot both approbate and reprobate.
4. In Rameshwar Khemka v. Siddeshwar Ghosh , the circumstances were similar. The defendant ... contended that they were estopped,
"because they cannot approbate and reprobate and that their action in taking their appeal to the Court
raised the
point that the principle of approbate and reprobate was
attracted in the case and the same was not permissible ... which does not permit a person to both
approbate and reprobate.
v. The KMC has further argued that this principle is based on
the doctrine
decision of the Privy Council is that a party cannot approbate and reprobate. It is true that the principle does not apply where a suit ... profits and yet the Privy Council applied the principle of approbation and reprobation. Mr. Sen Gupta referred to another decision of the Privy Council
conditions and the plaintiff should
not be allowed to approbate and reprobate at the same time. To support his
contention Mr. Basu relied ... reject what was not. The appellant cannot
approbate and reprobate. The maxim qui approbate non reprobate
(one who approbates cannot reprobate) is firmly embodied
also
constructive res judicata. According to them the petitioner
cannot approbrate and reprobate. He cannot pray for
implementation of the order of the revisional authority ... Supreme Court had held: "....... The maxim qui
approbat non reprobate (one who approbates cannot
reprobate)......" is firmly embodied in English Common
influence upon him. The plaintiffs, thus, cannot be allowed to approbate and reprobate their stand with regard to the physical fitness and mental alertness ... undue influence in the facts of the instant case.
37. Approbation and reprobation of the same transaction is not permissible. But if the transactions
there :"On the principle that a person may not approbate and reprobate, a species of estoppel has arisen which seems to be intermediate between ... estoppel in pais. The principle that a person may not approbate and reprobate expresses two propositions, first, that the person in question, having a choice
contrary stand.
It is submitted that the petitioner cannot approbate and reprobate
and in this regard he has relied upon the decision ... does not permit a person to both approbate and
reprobate. This principle is based on the doctrine of election which
postulates that no party
ground that a party cannot be allowed to approbate and reprobate and blow hot and cold and thirdly, that after the mortgage sale the equity ... allow a party to blow hot and cold and approbate and reprobate in proceedings in relation to the same property. For this contention reliance
