Doctrine of Promissory Estoppel, its
contours and parameters, explained.
Estoppel-Estoppel in pais-Promissory Estoppel-
Applicability of the doctrine against the Government and
extent threreof ... doctrine called 'promissory estoppel',
'equitable estoppel', 'quasi estoppel', and 'new estoppel'
is a principle evolved by equity
charged with liability. [705 G-H, 706 A]
6. The doctrine of estoppel which burst out into sudden
blaze in 1946 and ever since continuing ... reports. Turner in his book Estoppel by
Representation, has a separate chapter dealing with
promissory estoppel. The doctrine, as observed by the author
named promissory estoppel, lt is
neither in the realm of contract nor in the realm of
estoppel. The basis of this doctrine is the inter ... implication that the doctrine of
executive necessity is available to the Government to escape
its obligation under the doctrine of promissory estoppel. We
find
sufficient to press into aid the doctrine. In our
opinion, the doctrine of promissory estoppel
cannot be invoked in the abstract and the
courts ... defeat the applicability of this doctrine. It
is further well established that the doctrine of promissory
estoppel must yield when the equity so requires
genesis of promissory
estoppel in equity, and observed:
“The basis of this proprietary estoppel – as indeed of
promissory estoppel – is the interposition of equity. Equity ... public law approach
of the doctrine of legitimate expectation and the private law approach of the
doctrine of promissory estoppel :
“[d]espite dicta
Govt. is totally arbitrary, capricious and violative of the doctrine of promissory estoppel. In fact the petitioners have totally based their case before ... absolute doctrine which does not admit of any exceptions. The various exceptions to the applicability of the doctrine of promissory estoppel have been noticed
question of relationship between this doctrine and the doctrine concerning the fettering of public powers. Would the doctrine of estoppel be excluded whenever its operation ... estoppel is woven into the fabric of rule of law. But it must not be forgotten that "promissory estoppel is an equitable doctrine
doctrine
and that bald expressions, without any supporting material, to the
effect that the doctrine is attracted because the party invoking the
doctrine has altered ... sufficient to press into aid the doctrine. In
our opinion, the doctrine of promissory estoppel cannot be invoked in
the abstract and the courts
estoppel against it if the effect of the estoppel will not be to impair the exercise of the powers of government Moreover, an estoppel ... that doctrine has long been exploded. Nor can the Crown escape by praying in aid the doctrine of executive necessity, that is, the doctrine that
Prashar, Advocate, appearing for the petitioners invoked the doctrine of promissory estoppel/equitable estoppel and argued that the policy decision taken by a duly elected ... doctrine of executive necessity or freedom of future executive action cannot be invoked to defeat the applicability of the doctrine of promissory estoppel
