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Judgment Search Results Home > Cases Phrase: doctrine of legitimate expectation Page 1 of about 5,418 results (0.047 seconds)

Mar 29 2001 (HC)

Jhunka-bhakar Kendrachalak Sanghatna and ors. Vs. State of Maharashtra ...

Court : Mumbai

Reported in : 2001(4)ALLMR164; 2002(1)BomCR246; (2002)1BOMLR560; 2002(1)MhLj89

..... it, the government had reached a bona fide conclusion that the scheme had failed to achieve its objective. the petitioners have also based their claim on the doctrine of legitimate expectation, as they legitimately expected the continuance of the scheme as long as the owners of the centres continued to run the centres in accordance with the scheme. the scheme envisaged, and ..... , 31. in m, p. oil extraction and anr. v. state of m. p. and ors., etc., : (1997)7scc592 , the nature of the doctrine of legitimate expectation was again considered. it was observed that the doctrine of legitimate expectation has been judicially recognised, and it operates in the domain of public law and in an appropriate case, constitutes a substantive and enforceable right. but ..... that by itself would not prevent the government from taking a policy decision to withdraw the scheme when it had substantially failed. it is well settled that when the doctrine of legitimate expectation is invoked, the matter has to be determined not according to the claimant's perception, but in the larger public interest wherein other more important considerations may outweigh ..... evolution. the principle is at the root of the rule of law and requires regularity, predictability and certainty in the government's dealings with the public. the doctrine of legitimate expectation in the substantive sense has been accepted as part of our law and the decision-maker can normally be compelled to give effect to his representation in regard to .....

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Dec 13 1994 (HC)

Lalit Sehgal Vs. State of Goa and ors.

Court : Mumbai

Reported in : 1996(3)BomCR105; (1995)97BOMLR474

..... direction the secretary of state had acted in breach of natural justice. the said decision is thus based on the right of hearing rather than doctrine of legitimate expectation.33. mr. dias next contends that doctrine of legitimate expectation in essence imposes a duty to act fairly. mr. dias says that the government has not shown any justification for the increase in number of ..... ought not unlock the gate which shuts the court out of review on the merits. then there is one more important limitation on the application of doctrine of legitimate expectation and that is the doctrine does not give scope to claim relief straightaway from the administrative authorities as no crystallised right as such is involved.26. the apex court has considered ..... treat the citizen with the fullest personal consideration. unfairness in the form of unreasonableness here comes close to unfairness in the form of violation of natural justice, and the doctrine of legitimate expectation can operate in both contexts. it is obvious, furthermore, that this principle of substantive, as opposed to procedural, fairness may undermine some of the established rules about ..... hotels as five star and, therefore, the provisions cannot be regarded as arbitrary or irrational.13. before examining the petitioner's claim, which is mainly based on the doctrine of legitimate expectation, we will dispose of the challenge to the validity of section 13-a of the act, which is not seriously pressed by mr. dias, learned counsel for the .....

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Jun 30 1993 (HC)

Karnataka Breweries and Distilleries Pvt. Ltd. Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1993KAR2117; 1993(3)KarLJ126

..... and then the impugned government order affected petitioners whose term under the earlier order settling the right of vend would have continued for another four years. instead of the doctrine of 'legitimate expectation', 'promissory estoppel' was relied by the petitioners without any success.the decision in state of andhra pradesh and ors. v. guntakal toddy tappers co-operative society and ..... protection is limited to that extent and a judicial review can be within those limits. but as discussed above, a person who bases his claim on the doctrine of legitimate expectation, in the first instance must satisfy that there is a foundation and thus has a locus standi to make such a claim. in considering the same several ..... a law under article 14 of the constitution.in a recent decision in union of india and ors. v. hindustan development corporation and ors., : air1994sc988 , the doctrine of legitimate expectation was considered in connection with the supply of bogies to the railways and the policy governing the awarding of the contracts. the impugned action, was an executive order; ..... supreme court. the bench of this court in jagadale's case : air1990kant251 has referred, considered and distinguished this decision at page 144.though doctrine of legitimate expectation was not specifically considered, the principle underlying the doctrine was implicit in the contentions of indian aluminium company, which questioned the validity of amendment made to the electricity supply act, 1948, because, .....

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Jul 25 2003 (HC)

Nagarjuna Fertilizers and Chemicals Limited, Represented by Its Compan ...

Court : Andhra Pradesh

Reported in : 2003(4)ALD803; 2003(4)ALT750

..... ltd., v. union of india, punjab communications ltd. v. union of india, : [1999]2scr1033 the supreme court after surveying the cases, both english and indian, observed: '.....the doctrine of legitimate expectation in the substantive sense has been accepted as part of our law and that the decision maker can normally be compelled to give effect to his representation in regard to ..... industry and some of which have the effect of bringing down the capital assets, which may ultimately affect the retention price, by itself does not attract either the doctrine of legitimate expectation or promissory estoppel. the statement revealing the financial impact of revision of retention price of the first petitioner's plants due to various reasons and the details thereof are ..... withdraw the same unless in the former case, it is by mala fide exercise of power or the decision or action taken is in abuse of power. the doctrine of legitimate expectation plays no role when the appropriate authority is empowered to take a decision by an executive policy or under law. the court leaves the authority to decide its ..... fixing the norms/parameters is ultra vires and unconstitutional? submissions: 45. sri k. parasaran, learned senior counsel appearing on behalf of the petitioners pressed into service the doctrines of (a) legitimate expectation and (b) promissory estoppel, and strenuously contended that the whole of the impugned action of the respondents in fixation of norms/parameters for the 7th and 8th pricing .....

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Dec 02 2003 (HC)

Gvk Industries Limited Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2004(1)ALD676

..... home department, (1984) 3 ah er 801, attorney general for new south wales v. quin, 1990 (64) aus ljr 327, and laid down that legitimate expectation gives the applicant sufficient locus standi. the doctrine of legitimate expectation is confined mostly to right of fair hearing before a decision which results in negativing a promise or withdrawing an undertaking. the apex court observed as ..... the tender process and get his bid considered...........48. in punjab communications ltd. v. union of india, : [1999]2scr1033 , the apex court considered the relevant case law on doctrine of legitimate expectation. after referring to the judgments of house of lords in council of civil service unions v. minister for the civil service (supra), pleasure v. secretary of state, (1997) 3 ..... individual or generally to a class of person, 45. in m.p. oil extraction v. state of m.p., : (1997)7scc592 , the apex court observed that the doctrine of legitimate expectation constitutes a substantive and enforceable right. it was further observed:.....................whether protection by way of supply of sal seeds under the terms of agreement requires to be continued for a ..... . the protection is limited to that extent and a judicial review can be within those limits. but as discussed above a person who bases his claim on the doctrine of legitimate expectation, in the first instance, must satisfy that there is a foundation and thus has locus standi to make such a claim. in considering the same several factors which .....

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Apr 15 1993 (SC)

Union of India and Others Vs. Hindustan Development Corpn. and Others

Court : Supreme Court of India

Reported in : AIR1994SC988; JT1993(3)SC15; 1993(2)SCALE506; (1993)3SCC499

..... fulfill. the protection is limited to that extent and a judicial review can be within those limits. but as discussed above person who bases his claim on the doctrine of legitimate expectation, in the first instance, must satisfy that there is a foundation and thus has locus standi to make such a claim. in considering the same several factors which ..... treated in the same way as his former colleagues considering his application on its own merits. coming to the nature of the substantive impact of the doctrine, brennan, j. observed that the doctrine of legitimate expectation ought not to 'unlock the gate which shuts the court out of review on the merits,' and that the courts should not trespass 'into the ..... treat the citizen with the fullest personal consideration. unfairness in the form of unreasonableness here comes close to unfairness in the form of violation of natural justice, and the doctrine of legitimate expectation can operate in both contexts. it is obvious, furthermore, that-this principle of substantive, as opposed to procedural, fairness may undermine some of the established rules about ..... appreciate these contentions, it becomes necessary to refer to some of the rules governing these contracts and followed by the railways, before we examine the impact of the doctrine of 'legitimate expectation'. the rules prescribed by the minister for railways for entering into contracts lay down certain norms and contains guidelines. the rules provide for constitution of tender committee and .....

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Nov 04 2008 (SC)

Official Liquidator Vs. Dayanand and ors.

Court : Supreme Court of India

Reported in : (2009)IIILLJ305SC; 2008(13)SCALE558; (2008)10SCC1;

..... its precarious financial condition.90. by applying the ratio of the aforementioned judgment to the facts of this case, we reiterate that the respondents cannot invoke the doctrine of legitimate expectation. at the cost of repetition, it needs to be emphasized that the respondents were employed by the official liquidators as additional staff pursuant to the sanction accorded ..... of futwah phulwarisharif gramya vidyut sahakari samiti ltd., which was a cooperative society, could claim absorption in the services of bihar state electricity board by invoking the doctrine of legitimate expectation. the facts of that case show that the society was brought into existence by the state government, the electricity board and the rural electrification corporation for effective ..... reasonable person could have made. (emphasis in original)85. in j.p. bansal v. state of rajasthan : [2003]2scr933 , this court refused to invoke the doctrine of legitimate expectation in favour of the appellant who claimed compensation of pre- mature termination of the contractual appointment as judicial member of the rajasthan taxation appellate tribunal.86. in dr. chanchal ..... and as on date they have continuously worked for 10 to 20 years and fulfill the conditions of eligibility prescribed for direct recruitment. shri gupta invoked the doctrine of legitimate expectation and argued that the high courts did not commit any illegality by recognizing the validity of the claim made by the company paid staff and issuing direction .....

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Mar 29 2010 (HC)

Jai Prakash Associates Limited Thru Rahul Kumar Vs. State of U.P. Thru ...

Court : Allahabad

..... legitimate expectation does not require the fulfilment of the expectation where an overriding public interest requires otherwise.74. in the case of dhampur sugar (supra) hon'ble supreme ..... has previously been promised. this approach is consistent with european law which balances the protection of the general public interest against the individual's legitimate expectation.u.s. courts41. the u.s. courts are also strictly in favour of doctrine of promissory estoppel against the government and public bodies where interest of justice morality and common fairness clearly dictate, the court may grant ..... a certain way by an administrative authority even though he has no legal right in private law to receive such treatment. the expectation may arise either from a representation or promise made by the authority, including an implied representation, or from consistent past practice. the doctrine of legitimate expectation has an important place in the developing law of judicial review.------------.the protection of such .....

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Sep 23 1993 (HC)

Nagappa Vs. State of Karnataka and Others

Court : Karnataka

Reported in : AIR1994Kant77; ILR1993KAR3323; 1993(4)KarLJ290

..... the protection is limited to that extent and a judicial review can be within those limits. but as discussed above, a person. who bases his claim on the doctrine of legitimate expectation, in the first instance must satisfy that there is a foundation and thus has a locus standi to make such a claim. in considering the same several factors ..... still higher price than offered in the tenders. as to the contention that the right of the respondent (writ petitioner) based on the doctrine of legitimate expectation was affected the court observed :'the mere reasonable or legitimate expectation of a citizen, in such a situation may not by itself be a distinct enforceable right, but failure to consider and give due weight ..... propositions : (a) whether the contracts in question arestatutory? (b) whether the impugned actions areunreasonable, arbitrary and violative of art. 14 of the constitution and whether doctrines or promissory estoppel and legitimate expectation have any application while considering this contention? (c) whether the executive orders changing the scheme and affecting the contracts are invalid, as right to property or right ..... the terms of the contract. (2) contracts result in right to trade protected by art. 19(1)(g) of the constitution. (3) in view of the doctrines of promissory estoppel and legitimate expectation the impugned actions are illegal. (4) withdrawal of the scheme, earlier announced and acted upon, is arbitrary. (5) government had not reserved any right to modify .....

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Sep 02 1997 (HC)

Osmania University Vs. R. Madhavi and ors.

Court : Andhra Pradesh

Reported in : 1998(1)ALD212; 1998(1)ALT309

..... , becomes all the more important.'6. we have, thus, noted limitations of judicial review in entertaining a petition by the court on the solitary doctrine of legitimate expectation. true, a case of legitimate expectation would arise when a body by representation or by past practice aroused expectalion which it would be within its powers to fulfil. the protection is limited ..... in the same way as his former colleagues considering his application on its own merits. coming to the nature of the substantive impact of the doctrine, brennan, j observed that the doctrine of legitimate expectations ought not to 'unlock the gate which shuts the court out of review on the merits.' and that the courts should not trespass 'into ..... the citizen with the fullest personal consideration. unfairness in the form of unreasonableness here comes close to unfairness in the form of violation of natural justice, and the doctrine of legitimate expectation can operate in both contexts. it is obvious, furthermore, that this principle of substantive, as opposed to procedural, fairness may undermine some of the established rules ..... an assurance that it would not be withdrawn before he had been given the opportunity of making representations against the withdrawal.' noticing, however,'of late the doctrine of legitimate expectation is being pressed into service in many cases particularly in contractual sphere while canvassing the implications underlying the administrative law,'the supreme court has proceeded to add,' .....

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