...their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We may add that where the proceedings...29-4-2004 passed by a Division Bench of the High Court of Bombay in Writ Petition No. 830 of 2004 whereby and whereunder the writ petition filed by the appellant herein was dismi...Counsel appearing for the respondent, on the other hand, would contend that as the High Court exercises a discretionary jurisdiction under Article 226 of the Constitution, refusal to entertain a ...

..., the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We may add that where the proceedings themselves are an ...orders of termination in respect of Respondents 1 and 2.2. The main stand of the appellant before the High Court was that the writ petition filed by ...;(b) to issue a writ, order or direction directing the respondents to pay 15% of the basic pay as interim relief and fixed DA of Rs 100 to the clerica...

...being obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justi...ground that the points raised in the review petition were neither raised in writ petition nor were contended before the Court when the matter was heard.3. In support ...covered by the ratio of this Court's decision in Krishi Utpadan Mandi Samiti case 1995 Supp (3) SCC 433.“10. The issues relating to entertaining writ...

...proceedings on the ground that they are incompetent without a party being obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been ma...Himachal Pradesh High Court. Writ petitions were filed by the present respondents questioning the action taken by the Sales Tax Authorities and the revisional orders passed setting aside the order...established units in the State in respect of deferment of payment of sales tax, electricity duty, etc. The writ petitioner obtained provisional sales tax registration from the Himachal Pr...

...Counsel appearing for the respondents would vehemently submitted that the present writ proceedings is nothing but a grave abuse of process of this Court, in as much as the petitioner is b...Alexander Thomas, J.1. The prayers in this writ petition is as follows:"Issue a writ of mandamus or appropriate writ, order or...elementary principles of applying the doctrine of res judicata again and again reinstating the very same issues which have already been adjudicated and finalize by this Court in respect of ...

...substance, the objection was that the writ petitioner - the respondent here - had no vested right to claim that a follow-up notification should be issued and that the doctrine of promisso...Indian Law and the doctrine of legitimate expectationsH.6 Expectations breached by the State of JharkhandH.7 The technical defences to ...representation held out in the Industrial Policy 2012, and that the denial of the exemption by the State government for FYs 2011-12, 2012-13 and 2013-14 was contrary to the doctrine ...

...during the period of five years, and government letter dated 28-12-1988 which made the aforesaid GOMs No. 989 of 1-9-1988 operative retrospectively from 1-4-1988. Initially the writ petitions were...before the High Court, but after constitution of the Tamil Nadu Taxation Special Tribunal (hereinafter referred to as “the Tribunal”) the writ petitions were transferred to the Tribunal w...come to be recognised by the courts in this country as well as in England. The doctrine of “promissory estoppel” has assumed importance in recent years though it was dimly noticed in some of the...

...to drag the litigation in the arena of never ending civil litigation which is an abuse of the doctrine of res judicatacontemplated in Section 11 of ...Syamal Kanti Chakrabarti, J.:— In the present writ petition under Article 227 of the Constitution of...India the writ petitioners Sunil Kumar Mondal and Ors. have claimed that the opposite party nos. 1 to 8 filed a title suit being no. 83 of 1993 in the Court of the Learned Civil Judge...

...abuse of power. Upsetting the settled convention and the law and adopting value oriented interpretation would generate uncertainty and create constitutional crises in the administration and the...interpreting the Constitution neither motives nor bad faith nor abuse of power be presumed unless in an individual case it is assailed and arises for consideration on that premise. Section 114, Ill. (e...is clear and unambiguous, there is no room for the application either of the doctrine of casus omissus or of pressing into service external aid, for in such a case the words used by ...

...years or such shorter period in respect of specific areas as may be notified in the gazette based on the recommendation of the Committee.”5. By a writ petit...the appellant's application for exemption from property tax. This order was challenged in Writ Petition No. 9820 of 1999 which has led to the impugned judgment dated 5-12-2006 Writ Appeal No. 2123 ....10. Shri Radhakrishnan, learned Senior Counsel appearing on behalf of the respondents, countered these submissions and supported the impugned judgment Writ Appeal No. 2123 ...

...obliged to wait until those proceedings run their full course. Secondly, the doctrine has no application when the impugned order has been made in violation of the principles of natural justice. We...Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of 3 Respondent ...the 3 respondent in O.C. No. 256 of 2003 dated 14.08.2003 is sought to be quashed in the present writ petition.2. The learned counsel for the writ petitioner...

...doctrine of “legitimate expectation” was not pleaded in the writ petition and no foundation was laid for applying this doctrine to the facts of the present case and, therefore, i...835, (1985) 2 All ER 327, (1985) 2 WLR 836 laid down emphatically that unfairness in the purported exercise of power can amount to an abuse or excess of power. Thus the doctrine ...dated 25-7-1997 passed in CM No. 8287 of 1996 filed in the same civil writ. The other SLP, namely, SLP (Civil) No. 20753 of 1997 arises out of CWP No. 472 of 1994 filed by the re...

...683 explained in clear terms that principle behind the doctrine of res judicata is to prevent an abuse of the process of court. In explaining the said principle the Benc...Section 11 CPC, are also applicable to writ petitions.23. Thus, the attempt to re-argue the case which has been finally decided by the court of last resort is a clear ...the Framework Agreement (FWA) and notification issued under Sections 28(1) and 28(4) of the Karnataka Industrial Areas Development Act (the KIAD Act). While dismissing the writ petition, ...

...they are incompetent without a party being obliged to wait until those proceedings, run theirful course. Secondly, the doctrine has no application when the impugned order has been made in violation of ...The above writ petition came up for admission on 14.07.2009 and on being satisfied prima facie about the merits of the case, this Court admitted the writ petition and passed...India Act, 1992 and as per 46 of the Regulation, an appeal lies to the Securities Appellate Tribunal, which is presided over by a retired Judge of the High Court and hence, ...

...or the decision or action taken is in abuse of power. The doctrine of legitimate expectation plays no role when the appropriate authority is empowered to take a decision by an executive p...Order1. These special leave petitions arise from the judgment and order of the Division Bench of the Madras High Court dated 7-3-1996 made in ...be bound by the doctrine of promissory estoppel evolved in Union of India v. Indo-Afghan Agencies Ltd...

..., submitted that under the “doctrine of proportionality”, it was not only the power, but the duty of the “writ court” to consider whether the penalty imposed on workmen ...High Court of Judicature at Madras dated 18-9-2000 in Writ Petition No. 11948 of 1993 and modified by the Division Bench of the said Court on 3-11-2004 in Writ Appeal No. 45 of 2....Approach of the High Court9. Being aggrieved by the award passed by the Labour Court, the Union approached the High Court by filing a ...

...purpose of the doctrine. But it relates to suits and former suits, and has, in terms, no direct application to a petition for the issue of a high prerogative writ. The general principles ...considerations of public policy, because if the doctrine of constructive res judicata is not applied to writ proceedings, it would be open to the party to take one proceeding after another and urg...”. This doctrine is based on two theories: (i) the finality and conclusiveness of judicial decisions for the final termination of disputes in the general interest of the communit...

..., the learned Standing Counsel appearing for the respondents would vehemently submitted that the present writ proceedings is nothing but a grave abuse of process of this Court, in as much...Alexander Thomas, J.:— The prayers in this writ petition is as follows: “Issue a writ of mandamus or appropriate writ, order or direction...petitioner is barred by the elementary principles of applying the doctrine of res judicata again and again reinstating the very same issues which have already been adjudicated and finalize by this...

...to how the writ petitioner could have filed two writ petitions seeking the same relief parties having realized the futility of invoking the doctrine of promissory estopp...foundation in their writ petitions as regards the applicability of doctrine of promissory estoppel. 21. Sri N Dutta, learned senior counsel appearing on behalf of the re...24.12.1997. It is evidently an after thought to add a self serving stray sentence into the writ petition so as to place reliance upon the doctrine of promissory estoppel. The plea so taken is tota...