Court : Guwahati
..... and circumstances of this case, a writ court can direct the state government to construct and establish a district hospital in a particular location by invoking the doctrine of promissory estoppel.2. the factual position being almost undisputed, the controversy in the present proceeding lies in a narrow compass. fifteen petitioners herein are either residents of chandrapur village or have ..... respondents to the petitioners and others who had donated the land for the purpose of establishing the south tripura district hospital at chandrapur village and thus the doctrine of promissory estoppel strongly applies against the attempt to shift the site. that apart, further contention is that the decision to shift the site amounts to violation of articles 14, 21 and ..... the question is whether there was a promise on the part of the state respondents to construct the district hospital at chandrapur village and whether such promise constituted a promissory estoppel which prevents the state respondents from shifting the location of the site of the proposed hospital. it is to be noticed that the petitioners have not stated anywhere in the ..... the lands at chandrapur the petitioners in the rejoinder scoffed at the same by stating that such a proposal is grossly unreasonable and unfair.7. the law relating to promissory estoppel is to be understood properly before its application in a given facts and circumstances. the principles seem to apply where a clear and unequivocal promise is intended to create .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1993AP278
..... proceeded on the assumption that it is executive in character. this is an authority for the proposition that for enforcing the representation which is executive in character, principles of 'promtssory estoppel' are available.15. next case which considered this point is century spinning & . v. ulhasnagar municipality, : 3scr854 . the writ petitioner therein viz., company, set ..... special considerations which necessitated it not being able to comply with the , obligations in public interest. therefore, insofar as legislative and statutory functions are concerned, principles of promissory estoppel' are not applicable and continues to hold the field.24. in the decision referred to supra : 158itr574(sc) the learned judges of the supreme court once ..... dharmendra trading co., : 172itr395(sc) where the government of karnataka having granted certain concessions, withdraw the same subsequently. the learned judges stated that the doctrine of 'promissory estoppel' can be invoked in such a case. 28. in vasantkumar radhakisan vora v. board of trustees of the port of bombay, : 3scr825 , the supreme court again ..... supreme court, the following principles emerge:--1) the legislature can never be precluded from exercising its functions to legislate by invoking the principles of promissory estoppel;2) principles of 'promissory estoppel' can be invoked against the government or public authority subject to the following:--i) it cannot be invoked to compel it to act contrary to .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 92STC419(AP)
..... supreme court, the following principles emerge : (1) the legislature can never be precluded from exercising its functions to legislate by invoking the principles of promissory estoppel; (2) principles of 'promissory estoppel' can be invoked against the government or public authority subject to the following : (i) it cannot be invoked to compel it to act contrary to ..... trading company : 172itr395(sc) where the government of karnataka having granted certain concessions, withdrew the same subsequently. the learned judges stated that the doctrine of 'promissory estoppel' can be invoked in such a case. 28. in vasantkumar radhakisan vora v. board of trustees of the port of bombay : 3scr825 the supreme court again considered ..... proceeded on the assumption that it is executive in character. this is an authority for the proposition that for enforcing the representation which is executive in character, principles of 'promissory estoppel' are available. 14. next case which considered this point is century spinning & . v. ulhasnagar municipal council : 3scr854 . the writ petitioner therein, viz., company, set ..... was claimed that the units, like the petitioner-unit, which were started acting upon the incentives offered by the state government, are protected under the principle of 'promissory estoppel' and that the state cannot back out from its obligation having induced the entrepreneurs, like the petitioner herein, to invest huge monies, viz, rupees thirty crores. therefore, .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1979SC621; 118ITR326(SC); (1979)2SCC409; 2SCR641; 44STC42(SC)
..... words 'unless its application is necessary to prevent fraud or manifest injustice' at the end, which clearly show that even according to the american jurisprudence, the doctrine of promissory estoppel is not wholly inapplicable against the government in its governmental, public or sovereign capacity., but it can be invoked against the government 'when justified by the facts' as for ..... the state.(emphasis supplied)43. even the truncated passage quoted by the court recognised in the last sentence that though, as a general rule, the doctrine of promissory estoppel would not be applied against the state in its governmental, public or sovereign capacity, the court would unhesitatingly allow the doctrine to be invoked in cases where it is ..... , the promise cannot resume his position, the promise would become final and irrevocable. vide emmanuel ayodeji ajayi v. briscoe  3 all. e.r. 55638. the doctrine of promissory estoppel was also held applicable against a public authority like a municipal council in century spinning & . and anr. v. the ulhasuagar municipal council and anr. : 3scr854 . the question ..... government in its governmental capacity where the accommodation of the needs of justice to the needs of effective government so requires.pg. the protagonists of the view that promissory estoppel cannot apply against the government or a public authority seek to draw inspiration from the majority decision of the united states supreme court in federal crop insurance corporation v .....Tag this Judgment!
Court : Guwahati
..... have noted earlier, the statutory provisions required exemption to be granted by notification. nevertheless, the court having found that the essential prerequisites for the operation of promissory estoppel had been established, directed the issuance of the exemption notification. 77. what emerges from the above discussion, as a whole, is that if the representation made by ..... .p. reported in : (1996)6scc634 : : (1996)6scc634 ....it would appear that these observations are in conflict with the earlier and subsequent pronouncements of the law on promissory estoppel. chandrasekhara aiyar, j. had held that the representation was enforceable despite the 'accident' that the grant was invalid inasmuch as it was contrary to statute. motilal padampat sugar mills ..... the law. this decision also expresses its disagreement with the observations made in motilal sugar mills case : 118itr326(sc) , that the doctrine of the promissory estoppel cannot be. defeated by invoking the defence of executive necessity, suggesting by necessary implication that the doctrine of executive necessity is available to the government to escape its ..... curtailed/denied by framing a scheme, in the instant case, the scheme 1995. the ratio enunciated in the judicial pronouncement mentioned above is that principle of promissory estoppel and legitimate expectation require regularity, predictability and certainty in the government's dealing with the public. these principles may not be source of constitutional code, but are .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 1991(54)ELT178(MP)
..... which arises for determination in the instant case is whether the petitioners are entitled to the relief claimed by them on the basis of the doctrine of promissory estoppel. as regards the promissory estoppel, both the learned counsel have relied on various decisions of the supreme court, wherein in the circumstances of the respective cases, the doctrine was made applicable. in ..... the person-to whom the promise is made. the requirement of consideration has not been allowed to stand in the way of enforcement of such promise. the doctrine of promissory estoppel has also been applied against the government and the defence based on executive necessity has been categorically negatived. where the government makes a promise knowing or intending that it would ..... court in anglo afghan agencies case (supra) and has also discussed elaborately the circumstances under which the government may set up a plea that the equitable principle of promissory estoppel be not raised against it. the court has also enumerated the circumstances under which the government can plead that it will be inequitable to hold the government to the promise ..... not inclined to discuss this decision elaborately in view of the fact that the aforesaid decisions of the supreme court have taken a consistent view that the doctrine of promissory estoppel can be invoked in those cases where the government makes unequivocal promise to the citizens and acting on that promise the citizens altered their position to their detriment and .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1977P& H268
..... while functioning as a delegate of parliament, be estopped from legislating contrary to the promises earlier held out by it in an executive capacity. nor can there be an estoppel to prevent the government from carrying out the mandates of parliament. parliament is supreme and the executive government cannot estop itself from discharging the obligations imposed upon it by ..... are unauthorised, or, which are prejudicial to the public interest or which are productive of public mischief. therefore, the need to restrict the application of the doctrine of equitable estoppel to governmental activity. therefore, the unwisdom and inexpediency of applying the doctrine too widely. there are, of course, certain obvious limitations: when the government acts in a sovereign ..... we mention the submission only to reject it.46. this kaleidoscope of precedents, indian. american and english, shows us that in the final analysis the doctrine of equitable estoppel is but a rule of fair-play founded on the principle of justice, equity and good conscience. good administration demands that rules of fairplay should be observed by all governmental ..... though not to the same extent as against an individual since different considerations, including considerations of the public interest and public policy, arise in the application of the doctrine of estoppel against a state.31. in the case of ramanathan pillai v. state of kerala. (air 1973 sc 2641), the question was whether ramanathan pillai who had been appointed .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC3910; JT1997(7)SC224; 1997(5)SCALE342; (1997)7SCC251; Supp3SCR266; 1997(2)LC508(SC)
..... one. the following pertinent observations are found in paragraphs 11 and 12 (of scc): (paras 12 and 13 of air) of the report:the doctrine of promissory estoppel or equitable estoppel is well established in the administrative law of the country. to put it simply, the doctrine represents a principle evolved by equity to avoid injustice. the basis of ..... final and irrevocable. vide emmanuel ayodeji ajayi v. briscoe (1964) 3 all er 556.two propositions follow from the above analysis:(1) the determination of applicability of promissory estoppel against public authority/ government hinges upon balance of equity or 'public interest'.(2) it is the court which has to determine whether the government should be held exempt from ..... grave prejudice to the petitioners. it increases the cost of production and to that extent their products become less competitive. this is a case where the doctrine of promissory estoppel is attracted and precludes the respondent-board from withdrawing the said concession.shri dave, learned senior counsel for the respondent-board was, therefore, justified in saying that the representation ..... judgment points for consideration8. in the light of the aforesaid rival contentions the following points arise for our consideration:1. whether the respondent-board on the doctrine of promissory estoppel was liable to be restrained from enforcing the impugned notification dated 31st july, 1986 against the appellants so far as the unexpired period of three years available to them .....Tag this Judgment!
Court : Delhi
Reported in : AIR1992Delhi53
..... the learned counsel for the appellants. the supreme court decision in m. p. sugar mills case : 118itr326(sc) (supra) while dealing with the exceptions to the doctrine of promissory estoppel has recognised it as an exception that the govt. may for compelling reasons have to reverse its policy decision. however, it has been equally emphasised that the reasons should have ..... drop the scheme was motivated solely on account of overriding public interest. public interest is supreme. interest of a few has to yield to larger public good. 37. promissory estoppel is an equitable principle. it cannot be enforced where its enforcement results in inequity. in the present case comparative equities have to be seen. while considering equity in favor of ..... , the promise could become final and irrevocable. vide ajayi v. briscoe, (1964) 3 all er 556.' on whether suffering a detriment is necessary for invoking the doctrine of promissory estoppel, this is what the court observed (para 33 of air):- 'the alteration of position need not involve any detriment to the promisee. if detriment were a necessary element there would ..... will get the residential plots allotted under this scheme. thus, according to the petitioners, irrespective of the question of detriment, the necessary ingredients for enforcement of the doctrine of promissory estoppel are present in the case and the govt cannot be allowed to resile from its promise.further the avowed object of the scheme was to earn foreign exchange. it was .....Tag this Judgment!
Court : Delhi
Reported in : ILR1968Delhi364
..... thereforee, in our opinion, all the requirements of setction 115 of the evidence act are satisfied in these cases and consequently, the plea of estoppel will be available against the university. though there is some difference in facts, the principle of the decision of the the madras high court in ..... be said that the university deliberately misled the students by its inaction or silence into believing that their admissions had been approved, the plea of estoppel cannto be invoked. the same argument was put forward before tatachari, j. and the learned judge had rejected that contention, relying upon the ..... and thereforee, did nto contravene any provisions of the punjab alienation of land act. it is this compromise which was said to operate as estoppel and the answer to that was that the mortgagor did really belong to an agricultural tribe and, thereforee, the mortgage contravened the provisions of ..... secondary education, delhi, which is an admitted fact.(14) there remains, then, the principal question elaborately argued before us, viz. the plea of estoppel which has been applied to the present cases by the learned judge. shri avadh behari challenging the conclusion of the learned judge on this part ..... remaining silent, held out or represented to the concerned students that their admissions were approved by the university' and consequently, the doctrine of legal estoppel, as laid down in section 115 of the evidence act, applied to the cases with the result that it was nto open to the .....Tag this Judgment!