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Documents citing Ali Mohd. Sheikh And Ors. vs State Of Jammu And Kashmir And Ors. on 5 August, 1986

S. Ramabadran Another vs State Of Tamil Nadu And Another on 19 September, 1990

"8. The doctrine of promissory estoppel or equitable estoppel is now well established in the administrative law of the country and has been evolved through successive decisions of various High Courts and the Supreme Court for the last about two decades. It is principle evolved by equity to avoid injustice. The basis of the doctrine is that where any party has by his word or conduct made to the other party an unequivocal promise or representation by word or conduct, which is intended to create legal relation or affect legal relationship to arise in the future, knowing as well as intending that the representation, assurance or the promise would be acted upon by the other party to whom it has been made and has, in fact, been so acted upon by the other party, the promise, assurance or representation should be binding on the party making it and that party should not be permitted to go back upon it, if it would he inequitable to allow it to do so, having regard to the dealings, which have taken place or intended to take place between the parties. It is is a principle evolved by the Courts for doing justice and is applicable against the Government also in exercise of its governmental, public or executive functions where it is necessary to prevent fraud or manifest injustice. Since, the doctrine has its roots in equity there is a consensus of judicial opinion that for invoking the doctrine clear, sound and positive foundation must be laid in the petition seeking its applicability and that bald expression that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the promise of the party would not be sufficient to press into aid the doctrine where to apply it would, otherwise, be inequitable. The doctrine can never be invoked is the abstract and as observed by a Division Bench of this Court in Ali Mohd. Sheikh v. State of J. & K. AIR 1987 11;
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