In Dhiyan Singhv.

Jugal Kishore,1952 SCR 478, the Court stated: "Now it can be conceded that the before an estoppel can arise, there must be first a representation of an existing fact as distinct from a mere promise de futuro made by one party to the other; second that the other party, believing it, must have been induced to act on the faith of it; and third, that he must have so acted to his detriment."

In Gyarsi Bai v. Dhansukh Lal, (1965) 2 SCR 154, the principles were reiterated in the following words: "To invoke the doctrine of estoppel three conditions must be satisfied : (1) representation by a person to another, (2) the other shall have acted upon the said representation, and (3) such action shall have been detrimental to the interests of the person to whom the representation has been made." 9 (9. Dr. Karan Singh v. State of Jammu and Kashmir, AIR 2004 SC 91: (2004) 1 ARBLR 599 SC.)

To attract the applicability of the principle of estoppel it is not necessary that there must be a contract in writing entered into between parties.13

(13. State of Orissa v. Mangalam Timber Products Ltd., AIR 2004 SC 297: (2004) 1 SCC
139.)

The doctrine rested originally upon the idea that written evidence was of a higher and more conclusive nature than verbal. The truth could better be established where the parties had agreed to bind themselves by an act of solemnity, such as the affixing of a seal to a formal document.23 (23. Caspersz, section 336.)

In Indian law, a representation contained in a document of however formal a character, being merely an admission, is not conclusive, and does not operate as an estoppel, unless the party to whom the representation was made has acted upon it and thus altered his position.26 (26. Sections 31 and 15, Evidence Act.)

9. Sections 115, 116 and 117-Doctrine of promissory estoppel The doctrine of promissory estoppel is an equitable doctrine and the petitioners cannot ask the Court to apply the same to compel something which is inequitable. One who seeks equity must do equity, In our society larger public interest must get precedence over individual interest or interest of comparatively smaller section of society. (Para 33).34 (34. R.K. Kawatra v. D.S.I.D.C., AIR 1992 Del 28.)

A representation is a statement made by, or on behalf of, one person to, or with the intention that it shall come to the notice of, another person, which relates, by way of affirmation, denial, description or otherwise, to an existing fact or thing, or a past event. Representation must be communicated to the representee. It takes two to make a representation, just as it takes two to make a contract. 75 Representation made must be clear, unambiguous and not tentative or uncertain.76 (75. Spencer Bower on Estoppel, sections 40, 41. 76. Delhi C&G Mills Ltd. v. Union of India, AIR 1987 SC 2414: (1988) 1 SCC 86.)

According to Bhagwati, J. speaking for the Supreme Court:108 "The law may, therefore, now be taken to be settled as a result of this decision that where the Government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promisee, acting in reliance on it, alters his position, the Govt. would be held bound, by the promise and the promise could be enforceable against the Government at the instance of the promisee, notwithstanding that there is no consideration for the promise and the promise is not recorded in the form of a formal contract as required by Art. 299 of the Constitution ..... (108. AIR 1968 SC (643) Col. 2.)

Shah, J.........pointed out in Century Spg. and Mfg. Co. Ltd.v. Ulhasnagar Municipal Council;111 "Public bodies are as much bound as private individuals to carry out representations of facts and promises made by them, relying on which other persons have altered their position to their prejudice. The obligation arising against an individual of his representation amounting to a person who acts upon the promise when the law against a public body shall be in certain form or be executed in the manner prescribed by statute, the obligation may be if the contract be not in that form be enforced against it in appropriate cases in equity ...... (111. AIR 1971 SC 1021 (1024): (1970) 3 SCR 854; see also Shyamlal Shrunge v. State, AIR 1990 MP 15.)

A representation may, in the first place, be expressed in language either written or spoken. It may, secondly, be implied from acts and conduct. Or, thirdly, under certain conditions, it may be inferred from silence or inaction.276 (276. Spencer Bower on Estoppel, section 60.)

44. Representation by declaration Direct and express representations are of two kinds; those which are contained in documents, or other permanent records, and those which are conveyed orally, or by the use of like transitory signs. The documents in which the former species of representation may be contained comprise everything which, in the most popular and general sense of the word, can be so denominated, from the most formal to the least formal kind, it being immaterial for this purpose whether the document said to contain the representation be a deed, bond, or other solemn instrument, a mercantile, financial, or business instrument or entry, or a mere informal letter, note, or memorandum, and the document may consist of words, or figures, or it may be a map, plan, diagram, drawing, flag, or picture, or anything, whether written, printed, delineated, or produced by any analogous process which serves for the transmission and record of thought in a permanent form.279 (279. Spencer Bower on Estoppel, section 61; Canada and Dominion Sugar Co. Ltd. v. Canadian National Steamships Ltd., 1947 PC 40 (representation in a bill of lading).)