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1 - 8 of 8 (0.24 seconds)M/S.K.B.Tea Product Pvt.Ltd. vs Commercial Tax Officer,Siliguri . on 12 May, 2023
In support, he places reliance on the judgments of the
Supreme Court in K.B. Tea Product Pvt. Ltd. & Anr. v. Commercial Tax
Officer, Siliguri & Ors. 2023 SCC OnLine SC 615 and Sivanandan C.T.
& Ors. v. High Court of Kerala & Ors. 2023 SCC OnLine SC 994.
Article 226 in Constitution of India [Constitution]
L.I.C. Of India & Anr vs Consumer Education & Research Centre & ... on 10 May, 1995
6. Placing reliance on the judgment of the Supreme Court in LIC of
India & Anr. v. Consumer Education & Research Centre & Ors., (1995)
5 SCC 482; and of this Court in Sanjeet Singh Kalia v. Union of India &
Anr. 2017 SCC OnLine Del 8170, he submits that as the husbands of the
petitioners were performing national duty, the respondent no. 1 has to act
in a fair, just and equitable manner, and this court cannot be bound by the
contractual terms or otherwise in awarding fair compensation to the
petitioners.
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
In Hindustan Development Corporation
(supra), this Court cautioned against the use of
the doctrine of legitimate expectation to safeguard
a substantive right. Yet, in a series of subsequent
decisions, this Court accepted that the doctrine of
legitimate expectations has become a source of
both procedural and substantive rights.
Punjab Communications Ltd vs Union Of India & Others on 4 May, 1999
In Punjab
Communication Ltd. v. Union of India, this Court
explained the difference between procedural and
substantive legitimate expectation in the following
terms:
6. At This Juncture, It May Be Stated That ... vs . Harwan Investment & Trading Pvt. Ltd. ... on 14 July, 2014
In Sivanandan C.T. (Supra), the Supreme Court while highlighting
the difference between procedural and substantive legitimate expectation,
held that the doctrine of substantive legitimate expectation has now been
accepted as an integral part of both the common law as well as Indian
jurisprudence. I may quote from the judgment as under:
Smt.Jatinder Pal Kaur vs Union Of India And Others on 6 March, 2014
7. On the other hand, it is the case of the respondent no.1 that the
present petition is liable to be dismissed as the petitioner no.2 had earlier
filed a petition making similar claims before the High Court of Punjab
and Haryana, being Civil Writ Petition No.4213/2014, titled Smt.
Jatinder Pal Kaur v. Union of India & Ors.. The said petition, vide
Order dated 06.03.2014 passed by the said High Court, was,
however, withdrawn by the petitioner no.2 with the liberty to pursue
Signature Not Verified
Digitally Signed W.P.(C) 7455/2014 Page 4 of 18
By:SUNIL
Signing Date:02.07.2024
11:20:54
appropriate remedy in accordance with law. The respondent no.1
claims that, therefore, the petitioners cannot file the present petition
and have to, instead, take their remedy, if any, in a Civil Court.
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