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1 - 10 of 20 (0.22 seconds)Nagubai Ammal & Others vs B. Shama Rao & Others on 26 April, 1956
Where one knowingly accepts the benefits of a contract, or
conveyance, or of an order, he is estopped from denying the
validity of, or the binding effect of such contract, or
conveyance, or order upon himself. This rule is applied to
ensure equity, however, it must not be applied in such a
manner so as to violate the principles of what is right and
of good conscience. [Vide Nagubai Ammal v. B. Shama
Rao [AIR 1956 SC 593] , CIT v. V. MR. P. Firm Muar [AIR
1965 SC 1216] , Ramesh Chandra Sankla v. Vikram
Cement [(2008) 14 SCC 58 : (2009) 1 SCC (L&S) 706 : AIR
2009 SC 713] , Pradeep Oil 14 Corpn. v. MCD [(2011) 5
SCC 270 : (2011) 2 SCC (Civ) 712 : AIR 2011 SC 1869] ,
Cauvery Coffee Traders v. Hornor Resources
(International) Co. Ltd. [(2011) 10 SCC 420 : (2012) 3 SCC
(Civ) 685] and V. Chandrasekaran v. Administrative
Officer [(2012) 12 SCC 133 : (2013) 2 SCC (Civ) 136 : JT
(2012) 9 SC 260] .]
R.N. Gosain A vs Yashpal Dhir on 23 October, 1992
In R.N.
Gosain v. Yashpal Dhir [R.N. 13 Gosain v. Yashpal Dhir,
(1992) 4 SCC 683] this Court has observed as under: (SCC
pp. 687-88, para 10)
"10. Law does not permit a person to both
approbate and reprobate. This principle is based on the
doctrine of election which postulates that no party can
accept and reject the same instrument and that 'a person
cannot say at one time that a transaction is valid and
thereby obtain some advantage, to which he could only be
entitled on the footing that it is valid, and then turn round
and say it is void for the purpose of securing some other
advantage'."
Commissioner Of Income-Tax, Madras vs V. Mr. P. Firm, Muar on 26 October, 1964
Where one knowingly accepts the benefits of a contract, or
conveyance, or of an order, he is estopped from denying the
validity of, or the binding effect of such contract, or
conveyance, or order upon himself. This rule is applied to
ensure equity, however, it must not be applied in such a
manner so as to violate the principles of what is right and
of good conscience. [Vide Nagubai Ammal v. B. Shama
Rao [AIR 1956 SC 593] , CIT v. V. MR. P. Firm Muar [AIR
1965 SC 1216] , Ramesh Chandra Sankla v. Vikram
Cement [(2008) 14 SCC 58 : (2009) 1 SCC (L&S) 706 : AIR
2009 SC 713] , Pradeep Oil 14 Corpn. v. MCD [(2011) 5
SCC 270 : (2011) 2 SCC (Civ) 712 : AIR 2011 SC 1869] ,
Cauvery Coffee Traders v. Hornor Resources
(International) Co. Ltd. [(2011) 10 SCC 420 : (2012) 3 SCC
(Civ) 685] and V. Chandrasekaran v. Administrative
Officer [(2012) 12 SCC 133 : (2013) 2 SCC (Civ) 136 : JT
(2012) 9 SC 260] .]
Section 15 in The Mines And Minerals (Development And Regulation) Act, 1957 [Entire Act]
Mohammad Maqbool Lone And Others vs Farhat Farooq Lone And Others on 1 February, 2021
C. Learned counsel has further submitted that on the directions of the
Division Bench of this Court in PIL No.794/2009 titled
Mohammad Maqbool Lone versus State and others, the then
Government of Jammu and Kashmir, Industries and Commerce
department has issued an order vide No.104 Ind of 2015 dated 14-
07-2015, in which it was stated that:-
Ramesh Chandra Sankla Etc vs Vikram Cement Etc on 8 July, 2008
Where one knowingly accepts the benefits of a contract, or
conveyance, or of an order, he is estopped from denying the
validity of, or the binding effect of such contract, or
conveyance, or order upon himself. This rule is applied to
ensure equity, however, it must not be applied in such a
manner so as to violate the principles of what is right and
of good conscience. [Vide Nagubai Ammal v. B. Shama
Rao [AIR 1956 SC 593] , CIT v. V. MR. P. Firm Muar [AIR
1965 SC 1216] , Ramesh Chandra Sankla v. Vikram
Cement [(2008) 14 SCC 58 : (2009) 1 SCC (L&S) 706 : AIR
2009 SC 713] , Pradeep Oil 14 Corpn. v. MCD [(2011) 5
SCC 270 : (2011) 2 SCC (Civ) 712 : AIR 2011 SC 1869] ,
Cauvery Coffee Traders v. Hornor Resources
(International) Co. Ltd. [(2011) 10 SCC 420 : (2012) 3 SCC
(Civ) 685] and V. Chandrasekaran v. Administrative
Officer [(2012) 12 SCC 133 : (2013) 2 SCC (Civ) 136 : JT
(2012) 9 SC 260] .]
Deepak Kumar Etc vs State Of Haryana & Ors.Etc on 27 February, 2012
D. The learned counsel further submitted that the Hon'ble Apex Court
in case titled Deepak Kumar versus State of Haryana and others
decided on 27th February, 2012, has directed all the State
Governments and Union Territories to frame rules in light of the
guidelines issued/passed in the aforesaid judgment, wherein, the
grant of mineral concession to all the units concerned with
extraction of mines and minerals was made as a pre-condition.
Learned counsel referred to Section 23C of the Mines and Minerals
(Development and Regulation) Act, 1957 which empowers the
State Government to frame the rules by virtue of the erstwhile State
Government has issued the J&K Minor Mineral Concession,
Storage, Transportation of Minerals and prevention of Illegal
Mining Rules, 2016 issued vide SRO 105 of 2016 dated
31.03.2016. Subsequently the Government of Jammu and Kashmir
has promulgated the Jammu and Kashmir Minor Mineral
Exploitation and Processing Rules, 2017 notified vide SRO 302
dated 19.07.2017 in order to streamline the Minor Mineral based
industries, wherein, it was made mandatory for all the
existing/fresh units to obtain the license for their operations under
aforesaid SRO from the Department of Geology and Mining after
obtaining clearances from other departments like No Objection
Certificates from concerned Deputy Commissioner, consent to
WP (C) No.639/2022
Page 13 of 27
operate from J&K Pollution Control Board, No Objection
Certificates from Fisheries and Irrigation & Flood Control
Department, consent from minor mineral lessee, Registration from
District Industrial Centre and some other mandatory restricted
zones.
M/S.Cauvery Coffee Traders,Mangalore vs M/S.Hornor Resources (Intern.)Co.Ltd on 13 September, 2011
Where one knowingly accepts the benefits of a contract, or
conveyance, or of an order, he is estopped from denying the
validity of, or the binding effect of such contract, or
conveyance, or order upon himself. This rule is applied to
ensure equity, however, it must not be applied in such a
manner so as to violate the principles of what is right and
of good conscience. [Vide Nagubai Ammal v. B. Shama
Rao [AIR 1956 SC 593] , CIT v. V. MR. P. Firm Muar [AIR
1965 SC 1216] , Ramesh Chandra Sankla v. Vikram
Cement [(2008) 14 SCC 58 : (2009) 1 SCC (L&S) 706 : AIR
2009 SC 713] , Pradeep Oil 14 Corpn. v. MCD [(2011) 5
SCC 270 : (2011) 2 SCC (Civ) 712 : AIR 2011 SC 1869] ,
Cauvery Coffee Traders v. Hornor Resources
(International) Co. Ltd. [(2011) 10 SCC 420 : (2012) 3 SCC
(Civ) 685] and V. Chandrasekaran v. Administrative
Officer [(2012) 12 SCC 133 : (2013) 2 SCC (Civ) 136 : JT
(2012) 9 SC 260] .]