SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Chh) 902

P.R.RAMACHANDRA MENON, PARTH PRATEEM SAHU
MSP SPONGE IRON LIMITED – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Neelabh Dubey, Adv., Smiti Sharma, Adv., S.C. Verma, Adv., Vikram Sharma, Adv.

JUDGMENT

P. R. Ramachandra Menon, C.J. - Following are the important questions to be considered and answered in these writ petitions :

(a) Can the State turn its back on the entrepreneurs (who set up the industries based on the promise as to the concessions to be extended in terms the Industrial Policy for the year 2004-2009) withdrawing the benefits after the expiry of the Policy period and after giving shape to and commencement of a new Industrial Policy for the period 2009-2014; unilaterally re-writing the terms of the expired Policy and the relevant Rules, to deny/curtail the benefits under the former Policy and retract from the promise already made ?

(b) Can the exercise pursued by the State be accepted as 'rectification of mistake', as sought to be projected by them ?

(c) Can such a deviation / correction as to the change in Policy be upheld in respect of the past transactions ?

(d) Is it not hit by the principles of 'Legitimate Expectation' and 'Promissory Estoppel' ?

2. Apart from the question of law, it may be necessary to advert to the sequence of events as well, at least to a limited extent, so as to make a proper analysis and appreciation on the issues involved. This

                                                                                                  Click Here to Read the rest of this document
                                                                                                  1
                                                                                                  2
                                                                                                  3
                                                                                                  4
                                                                                                  5
                                                                                                  6
                                                                                                  7
                                                                                                  8
                                                                                                  9
                                                                                                  10
                                                                                                  11
                                                                                                  SupremeToday Portrait Ad
                                                                                                  supreme today icon
                                                                                                  logo-black

                                                                                                  An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                                                                                                  Please visit our Training & Support
                                                                                                  Center or Contact Us for assistance

                                                                                                  qr

                                                                                                  Scan Me!

                                                                                                  India’s Legal research and Law Firm App, Download now!

                                                                                                  For Daily Legal Updates, Join us on :

                                                                                                  whatsapp-icon telegram-icon
                                                                                                  whatsapp-icon Back to top