AI Overview...
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Approbate and Reprobate - The phrase originates from Scotch Law and is widely used in legal contexts to denote inconsistent conduct where a party accepts (approbates) and rejects (reprobates) the same act or document, which is legally impermissible. The principle underscores that a person cannot simultaneously affirm and deny the same position or agreement. HIRA MILLS LTD BY MANAGER VS MUKUND SONUBHAIYA PANDIT - Madhya Pradesh
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Legal Doctrine - It is a settled legal principle that no party can approbate and reprobate at the same time, meaning they cannot accept beneficial parts of an agreement while rejecting others. An agreement must be accepted or rejected in its entirety. This doctrine also extends to conduct, where a person cannot blow hot and cold or act inconsistently regarding the same matter. MECON Limited vs City Construction Corp. Durgapur having its registered address at R.K. Pally, Main Gate, Durgapur - Jharkhand, Ram Babu Singh VS Union Bank Of India - Patna, Davinderpal VS Kanwardeep Singh - Punjab and Haryana
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Implications in Law - The doctrine prevents parties from gaining unfair advantage through contradictory conduct, and courts have consistently held that accepting part of a document or agreement while rejecting other parts is legally invalid. It also applies to conduct in legal proceedings, such as withdrawing petitions or concessions made under law. Prakash Chand Kaushik VS Vishal Timer Traders - Delhi, Prakash Chander Kaushik VS Vishal Timer Traders - Delhi, Pyarelal, S/o Shri Shanich Ram VS South Eastern Coalfields Ltd. - Chhattisgarh
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Law and Estoppel - The principle is linked to estoppel, preventing a person from asserting inconsistent positions to the detriment of fairness and legal integrity. The law does not permit a person to approbate and reprobate simultaneously, ensuring consistency in legal and contractual obligations. Speedcrafts Limited VS State Of Bihar - Patna, Pyarelal, S/o Shri Shanich Ram VS South Eastern Coalfields Ltd. - Chhattisgarh
Analysis and Conclusion:
The legal meaning of approbate and reprobate signifies that a party cannot accept and reject the same act or agreement concurrently. This principle promotes consistency and fairness in legal dealings, preventing parties from benefiting from contradictory positions. It is a well-established doctrine upheld by courts, emphasizing that acceptance or rejection must be in totality, not partial or contradictory. HIRA MILLS LTD BY MANAGER VS MUKUND SONUBHAIYA PANDIT - Madhya Pradesh, MECON Limited vs City Construction Corp. Durgapur having its registered address at R.K. Pally, Main Gate, Durgapur - Jharkhand, Ram Babu Singh VS Union Bank Of India - Patna
Search Results for "Meaning of Approbate and Reprobate in Law"
1968 0 Supreme(MP) 84 • India - Madhya Pradesh
P.V.DIXIT, G.P.SINGH
... The phrase 'approbate and reprobate' is borrowed from Scotch Law ... [Para 4 ... (3) Words and Phrases - phrase 'approbate and reprobate' ... ' - meaning of. ... To do so would be to approbate and reprobate the same act. ... ( 4. ) THE same observations of Scrutton, L. J. , on which the appellants rely are as follows: A plaintiff is not permitted to approbate and reprobate. ... The phrase approbate#....
2025 0 Supreme(Jhk) 2023 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD
and reprobate implies that accepting part of an agreement binds the parties to the entirety of it. ... legal relationship, thus making valid the arbitration clause present within the work order - The principle that parties cannot approbate ... Law does not permit a person to both approbate and reprobate. ... It is settled principle of law that there cannot be 'approbate and reprobate' meaning thereby the part of the document cannot....
2016 0 Supreme(Del) 1214 • India - Delhi
V.K.SHALI
This gets further fortified by the fact that a person cannot be permitted to approbate and reprobate. Meaning thereby a person cannot be permitted to blow hot and cold in the same breath as is being done by the appellant. ... The one thing is very clear that there is no estoppel against law. Meaning thereby that if something is prohibited by law and even if a person concedes that he will do something in violation of the said provision of law, or has already done so he....
2008 0 Supreme(Pat) 670 • India - Patna
NAVANITI PRASAD SINGH
It is well established principle of law that a party cannot approbate and reprobate at the same time....Petitioners offer was conditional, inasmuch as it was towards full and final settlement of all disputes and claims. This was specifically accepted. ... The reasons are thus: ... First when the petitioner made offer to refund the amount, petitioner clearly stated that this would be towards full and final settlement of all disputes and differences as between the parties, meaning thereby no further claim would be enterta....
1980 0 Supreme(Del) 158 • India - Delhi
HARISH CHANDRA
Whether the property in question is premises within the meaning of Section 2(i) of the Delhi Rent Control Act, 1958? 2. ... Finding of the Court: The court held that the property was not premises within the meaning of Section 2(i) of the Delhi ... Act in 1968-69, which was dismissed by the Additional Rent Controller on the ground that the property was not premises within the meaning ... J. observed : ... "a plaintiff is not permitted to approbate and reprobate . ... That is to approbate#HL_....
2023 0 Supreme(Pat) 538 • India - Patna
ASHUTOSH KUMAR, HARISH KUMAR
At this juncture, this Court also deems it apposite to observe that the law does not permit a person to both approbate and reprobate simultaneously. ... Right from very inception, the employees are the members of the Contributory Provident Pension Fund Scheme and notwithstanding that under the Act, it is stipulated that every employee of the BIADA would be deemed to be a Public Servant within the meaning of Section 21 of the Indian Penal Code, but by
2007 0 Supreme(Pat) 1757 • India - Patna
NAVANITI PRASAD SINGH
It is well established principle of law that no party can approbate and reprobate an agreement i.e. accepted beneficial part and rejected the other. The agreement must be accepted as a whole or rejected as a whole. This has been held by the Apex Court as far back as in 1956 SC 593. ... It is then submitted that the bank was bound to act fairly, meaning thereby that the bank has acted unfairly in taking possession. I am afraid there is no law governing correctness who are in debts. This was a commercial ....
2019 0 Supreme(P&H) 1081 • India - Punjab and Haryana
SUDIP AHLUWALIA
The court applied the principle that no person can be allowed to 'blow hot and cold', 'fast and loose' or 'approbate and reprobate ... "fast and loose" or "approbate and reprobate" at the same time and qua this law has been laid down by the Hon'ble Supreme Court of India in case titled as M/s Cauvery Coffee Traders, Mangalore Vs. ... and reprobate" at the same time and qua this law has been laid down by the Hon'ble Supreme Court of India in case titled as M/s Cauvery ....
2017 0 Supreme(Del) 2724 • India - Delhi
VALMIKI J.MEHTA
This gets further fortified by the fact that a person cannot be permitted to approbate and reprobate. Meaning thereby a person cannot be permitted to blow hot and cold in the same breath as is being done by the appellant. ... within the meaning of Section 2(i) of the DRC Act. ... Learned Single Judge also held that the respondent cannot approbate and reprobate, inasmuch as, the respondent himself had withdrawn his petition for fixation of standard rent filed under the DRC Act and befor....
2017 0 Supreme(Chh) 619 • India - Chhattisgarh
SANJAY K.AGRAWAL
losers to get employment as per rehabilitation policy is extremely important right and that has to be considered in accordance with law ... There is a maxim known as “qui approbat non reprobat”, meaning thereby one who approbates cannot reprobate. The doctrine of “approbate and reprobate” is only a species of estoppel, it applied only to the conduct of parties. Law does not permit a person to both approbate and #HL....
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