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1 - 10 of 18 (2.89 seconds)The Transfer Of Property Act, 1882
Article 227 in Constitution of India [Constitution]
Section 4 in The Karnataka Public Premises (Eviction Of Unauthorised Occupants) Act, 1974 [Entire Act]
Section 5 in The Karnataka Public Premises (Eviction Of Unauthorised Occupants) Act, 1974 [Entire Act]
Article 226 in Constitution of India [Constitution]
Jit Ram Shiv Kumar And Ors. Etc vs State Of Haryana And Anr. Etc on 16 April, 1980
31. The petitioners in the instant case contend
that a promise of re-allotment of shops post
reconstruction was made to them during the meeting
held on 02.04.2013 by the Deputy Commissioner, City
Municipal Council, Chikkaballapur and that the
respondents are now estopped by such promise. The
respondents, on the other hand, rely on the Hon'ble
Supreme Court's verdict in the matter of State Of
Kerala and others v. Kerala Rare Earth And Minerals
Limited and others reported in (2016) 6 SCC 323,
M/s Jit Ram Shiv Kumar and others v. State of
Haryana and others reported in (1981) 1 SCC 11 and
Collector, District Gwalior and another v. Cine
Exhibitors Private Limited and another reported in
(2012) 4 SCC 441 to state that promissory estoppel
cannot be invoked to enforce a promise which was made
devoid of authority. They contend that the doctrine of
promissory estoppel cannot be invoked in the instant
case, for the Deputy Commissioner was not authorized
30
to make such a promise to the petitioners. They argue
that the Government Circular of 2009 had been
superceded by the Government Circular
No.£ÀCE 509 fEJ¯ï 2014 dated 14.08.2015 (hereinafter
referred to as the 'Government Circular of 2015') and
that the new circular takes away the authority of the
Deputy Commissioner to make decisions under
Circumstance No.3 as provided in the Government
Circular of 2015. The only dispute as regards the
applicability of the doctrine of promissory estoppel is
whether the instant case falls within Circumstance
No.4.
Collector Dist.Gwalior & Anr vs Cine Exhibitors P.Ltd.& Anr on 11 January, 2012
31. The petitioners in the instant case contend
that a promise of re-allotment of shops post
reconstruction was made to them during the meeting
held on 02.04.2013 by the Deputy Commissioner, City
Municipal Council, Chikkaballapur and that the
respondents are now estopped by such promise. The
respondents, on the other hand, rely on the Hon'ble
Supreme Court's verdict in the matter of State Of
Kerala and others v. Kerala Rare Earth And Minerals
Limited and others reported in (2016) 6 SCC 323,
M/s Jit Ram Shiv Kumar and others v. State of
Haryana and others reported in (1981) 1 SCC 11 and
Collector, District Gwalior and another v. Cine
Exhibitors Private Limited and another reported in
(2012) 4 SCC 441 to state that promissory estoppel
cannot be invoked to enforce a promise which was made
devoid of authority. They contend that the doctrine of
promissory estoppel cannot be invoked in the instant
case, for the Deputy Commissioner was not authorized
30
to make such a promise to the petitioners. They argue
that the Government Circular of 2009 had been
superceded by the Government Circular
No.£ÀCE 509 fEJ¯ï 2014 dated 14.08.2015 (hereinafter
referred to as the 'Government Circular of 2015') and
that the new circular takes away the authority of the
Deputy Commissioner to make decisions under
Circumstance No.3 as provided in the Government
Circular of 2015. The only dispute as regards the
applicability of the doctrine of promissory estoppel is
whether the instant case falls within Circumstance
No.4.