AI Overview...
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Doctrine of Approbate and Reprobate - The doctrine prevents a party from accepting and later rejecting the same position to gain an advantage. It applies primarily in civil cases involving conduct, estoppel, and valuation disputes, but does not apply when jurisdiction is lacking or in criminal prosecutions ANNAPURNA COTTON MILLS LTD. VS SHYAMALENDU BHADURI - Calcutta, Suresh Chand Jain & Sons H. U. F. VS Phalphor Builders (P) Ltd. - Delhi, Kanamarlapudi Kusumamba VS Chejerla Venkata Subbaiah - Andhra Pradesh.
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Application in Legal Cases - Courts have applied this doctrine to bar parties from questioning authority or challenging settled positions, such as in sale deeds or valuation disputes, emphasizing that parties cannot accept benefits on one hand and deny them on the other Suresh Chand Jain & Sons H. U. F. VS Phalphor Builders (P) Ltd. - Delhi, Parmeshwar Patidar VS State of Rajasthan - Rajasthan.
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Limitations - The doctrine does not apply if the decree is null or if there is a lack of jurisdiction; also, it cannot be used to challenge statutes or constitutional provisions. It is rooted in principles of estoppel and the doctrine of election Kanamarlapudi Kusumamba VS Chejerla Venkata Subbaiah - Andhra Pradesh, Raghuraj Prasad Singh VS Basudeo Singh - Patna.
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Judicial Perspectives - The Supreme Court has acknowledged the doctrine's origin from Scots law and its application in Indian law, emphasizing fairness and consistency. It is inapplicable where there is a delay or unfair conduct, and it does not override statutory rights or jurisdictional issues Chairman and Managing Director, Kerala State Road Transport Corporation vs Mathew John, S/O. P.M. John - Kerala.
Analysis and Conclusion:
The doctrine of approbate and reprobate is a legal principle preventing parties from accepting benefits or positions and later repudiating them to their advantage. Its application is mainly in civil law to uphold consistency and prevent abuse, but it has clear limitations—particularly concerning jurisdictional issues and criminal law. Courts use this doctrine to uphold estoppel, ensure fair conduct, and maintain legal integrity, but it cannot be invoked where statutory rights or jurisdictional boundaries are involved.
Search Results for "Doctrine of Approbate Reprobate"
1957 0 Supreme(Cal) 11 • India - Calcutta
K.C.DAS GUPTA, H.K.BOSE
Whether the doctrine of approbate and reprobate applied in this case. ... VALUATION OF SUIT PROPERTY - ESTOPPEL - DOCTRINE OF APPROBATE AND REPROBATE - APPLICABILITY - ADVANTAGE OBTAINED ON BASIS OF LOWER ... Finding of the Court: The court held that the doctrine of approbate and reprobate applies only when a party has obtained ... ... ( 9 ) IT seems clear to me that there can be no application of the doctrine t....
2012 0 Supreme(Del) 500 • India - Delhi
PRADEEP NANDRAJOG, PRATIBHA RANI
The court applies the doctrine of approbate and reprobate to hold that the appellant cannot question the authority of the attorney ... The court applies the doctrine of approbate and reprobate to bar the appellant from seeking cancellation of the sale deeds. ... The court applies the doctrine of approbate and reprobate to hold that the appellant cannot question the authority of the attorney ... In this regard, the doctrine....
1993 0 Supreme(AP) 191 • India - Andhra Pradesh
S.S.M.QUADRI
0f approbate and reprobate. ... Law did not permit a person to both approbate and reprobate. But on the facts of this case that doctrine has no application. ... of approbate and reprobate would have no application. ... Where the plea is that the decree is nullity not being in accordance with Section 10 of the Act, it cannot be countered by applying the doctrine of approbate and reprobate. ... It is in this context ....
2021 0 Supreme(Mad) 2650 • India - Madras
P.N.PRAKASH, R.HEMALATHA
of “approbate and reprobate” could be applied to the present case. ... an undertaking given by an Investigating Officer in a given situation, cannot be used as a rope to eternally bind him by using “approbate-reprobate ... This doctrine would clearly apply in litigations between private persons and would not apply to a criminal prosecution, which is ... We do not understand, how the doctrine of “approbate and reprobate” could be applied to the presen....
1931 0 Supreme(Mad) 113 • India - Madras
RAMESAM
The court also considered the doctrine of approbate and reprobate in relation to the valuation given in the plaint and the real market ... of approbate and reprobate to the valuation given in the plaint. ... Issues: The issues involved the consolidation of suits and the valuation of the subject-matter, including the application of the doctrine ... Huromonee Dassee That case applies the doctrine of approbate and reprobate. But what i....
2007 0 Supreme(Raj) 912 • India - Rajasthan
H.R.PANWAR
of approbate and reprobate applies – No locus standi to file writ petition. ... possess eligibility qualification on the last date of submission of application – Relaxation cannot be claimed as a matter of right – Doctrine ... of "approbate and reprobate." ... The petitioners participated in the selection process in accepting the position as provided in Corrigendum dated 30.11.2006 and proviso 2nd to rule 266 of the Rules of 1996 and, therefore, the doctrine of "approbate#HL_....
2009 0 Supreme(Kar) 17 • India - Karnataka
S.R.BANNURMATH, A.N.VENUGOPALA GOWDA
Law does not permit a person, to both approbate and reprobate, which principle is based on doctrine of election. ... Held, Law does not permit a person, to both approbate and reprobate, which principle is based on doctrine of election. ... Law does not permit a person, to both approbate and reprobate, which principle is based on doctrine of election. ... Law does not permit a person, to both approbate and #HL_STAR....
2018 0 Supreme(Cal) 953 • India - Calcutta
SHEKHAR B.SARAF
of Approbate and Reprobate. ... of Approbate and Reprobate. ... Doctrine of Approbate and Reprobate - Pension Recalculation - Article 226 of the Constitution of India - Amalendu Sekhar Bera ... Law does not permit a person to both approbate and reprobate. ... Law does not permit a person to both approbate and reprobate. ... The doctrine of election is based on the rule of estoppe....
1950 0 Supreme(Pat) 31 • India - Patna
SINHA, NARAYAN
There can be no estoppel against a statute and the doctrine of approbate and reprobate which applies only to the conduct of the parties ... of approbate and reprobate does not apply when there is complete lack of jurisdiction. 3. ... Commissioner did not estop him from challenging the Commissioner's jurisdiction, as there can be no estoppel against a statute and the doctrine ... There can be no estoppel against a statute and the doctrine of approbate....
2025 0 Supreme(Ker) 1793 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
Sushrut Arvind Dharmadhikari, J, Syam Kumar V.M.
[(2022) 2 SCC 25] where the Apex Court in respect of the aforesaid doctrine has held as under:- “Approbate and reprobate 26.These phrases are borrowed from the Scots law. ... Even otherwise applying the doctrine of approbate and reprobate, as held by the Apex Court in the case of N.Murugesan (Supra), the respondent after having enjoyed the one part fully and thereafter questioning the other part with an inordinate delay, an element of fair play is inbuilt in this principle
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