Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

Law: Constitution of Pakistan, 1973

Section: 199,185

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 114---Estoppel---Scope---Article 114 of the Qanun-e-Shahadat, 1984 defines the doctrine of estoppel under which when a person has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and to act upon such belief, neither he nor his representative shall be allowed in any suit or proceeding between himself and such person or his representative to deny the truth of that thing---Said principle is founded on equity and justness with the objective to prevent fraud and ensure justice---Though it is described as a rule of evidence but may have effect of constituting substantive rights. B.L. Sreedhar v. K.M. Munireddy (2003) 2 SCC 355 at 365 ref. (b) Acquiescence, doctrine of--- ----Scope---Doctrine of acquiescence is grounded upon a conduct that if a person sighted another person about to commit an act infringing upon his rights who might otherwise have abstained from it to believe that he assents to its being committed, he cannot afterwards be heard to complain of the act. Ramsden v. Dyson L.R. 1 E , I, Ap. 129 (140) (1865) and Duke of Leeds v. Earl of Amherst 2 Ph. 117 (123) (1846) ref. (c) Maxim--- ----’Qui approbat non reprobat (one who approbates cannot reprobate)’---Said maxim is akin to the doctrine of benefits and burdens which at its most basic level provides that a person taking advantage under an instrument which both grants a benefit and imposes a burden cannot take the former without complying with the latter---Person cannot approbate and reprobate or accept and reject the same instrument. [p. 1462] C Shyam Telelink Ltd. v. Union of India 2010 (10) SCC 165 and Halsbury’s Law of England, 4th Edn, Vol. 16 (Re-issue), Para 957 (Law of Evidence by M. Munir, Seventeenth Edition) ref. (d) Master and servant--- ----Contractual relation---Relationship of master and servant implies a contractual relation in which one party agrees to be under the control of other and the servant is bound to obey orders not only as to the work that he would execute but also as to the details of the work and the manner of its execution and in return, the master has to pay…

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