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National Buildings Construction ... vs S. Raghunathan & Ors., S. P. Singh & Ors on 28 August, 1998
cites
Dr. M.R.S. Vas vs The Commissioner Of Land Revenue, ... on 8 November, 1977
19. Lord Scarman in R. v. Inland Revenue Commissioners ex
p. Preston (1985) AC 835 laid down emphatically that
unfairness in the purported exercise of power can amount to
an abuse or excess of power. Thus the doctrine of
"Legitimate Expectation" has been developed, both in the
context of reasonableness and in the context of natural
justice.
Navjyoti Coo-Group Housing Society ... vs Union Of India And Others on 17 September, 1992
In Navjyoti Coop. Group Housing Society and others vs.
Union of India and others, (1992) 4 SCC 477, the decision of
the House of Lords in Council of Civil service Unions v.
Minister for the Civil Service (supra) was followed and that
decision was summarised in the following words:-
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
In Union of India and others vs. Hindustan Development
Corporation and others, (1993) 3 SCC 499, the meaning of
word "Legitimate Expectation" was again considered.
M.P. Oil Extraction And Anr. Etc vs State Of Madhya Pradesh And Ors on 9 July, 1997
26. This doctrine was reiterated in M.P. Oil Extraction and
another vs. State of M.P. and others, (1997) 7 SCC 592, in
which it was also laid down that though the doctrine of
"Legitimate Expectation" is essentially procedural in
character and assures fair play in administrative action, it
may, in a given situation, be enforced as a substantive
right.
Food Corporation Of India vs M/S. Kamdhenu Cattle Feed Industries on 3 November, 1992
30. As pointed out by this Court in Food Corporation of
India vs. Kamdhenu Cattlefield Industries (1993) 1 SCC 71,
which has already been referred to above, the question
whether the expectation and the claim is reasonable or
legitimate, is a question of fact in each case. It was also
observed that this question had to be determined not
according to the claimants' perception but in larger public
interest.
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