AIR 1937 PRIVY COUNCIL 114

Privy Council

(FROM CANADA)

Hon'ble Judge(s): Lord Atkin, Lord Thankerton, Lord Russell Of Killowen, Lord Alness, Lord Maugham , JJJ

**Estoppel-Statute, enacted for benefit of public, imposing positive duty for doing of the very act which party suing seeks to do-Opposite party cannot set up estoppel to prevent it. In case of a Statute enacted for the benefit of a section of the public, that is, on grounds of public policy, where the statute imposes a duty of a positive kind, not avoidable by the performance of any formality, for the doing of the very act which the party suing seeks to do, it is not open to the opposite party to set up an estoppel to prevent it. This conclusion must follow from the circumstance that an estoppel is only a rule of evidence which under certain special circumstances can be invoked by a party to an action; it cannot therefore avail in such a case to release the party suing from an obligation to obey such a statute, nor can it enable the opposite party to escape from a statutory obligation of such a kind on his part. It is immaterial whether the obligation is onerous or otherwise to the party suing. The duty of each party is to obey law: Case law discussed.(Para 116)