Leading Question and estoppel in Evidence Act

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Offline Haider

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Leading Question and estoppel in Evidence Act
« on: June 19, 2012, 06:08:59 PM »
                                                                       Estoppel
A rule of evidence whereby a person is barred from denying the truth of a fact that has already been settled. Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied."
This term appears to come from the Old French estoupail (or variation), which meant "stopper plug", referring to placing a halt on the imbalance of the situation. The term is related to the verb "estop" which comes from the Old French term estopper, meaning "stop up, impede."
Section 115 of the Evidence Act,1872 provides that, when one 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.
Illustration

A intentionally and falsely leads B to believe that certain land belongs to A, and thereby induces B to buy and pay for it.

The land afterwards becomes the property of A, and A seeks to set aside the sale on the ground that, at the time of the sale, he had no title. He must not be allowed to prove his want of title.

                                                                   Leading questions

141. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
When they must not be asked
142. Leading questions must not, if objected to by the adverse party be asked in an examination-in-chief, or in a re-examination, except with the permission of the Court.

The Court shall permit leading questions as to matters which are introductory or undisputed, or which have, in its opinion, been already sufficiently proved.
When they may be asked
143. Leading questions may be asked in cross-examination.

Md. Haider Ali
Senior Lecturer
Department of Law
Daffodil International University.

Md.Haider Ali
Senior Lecturer &
Coordinator
Dept. of Law
DIU