| Citation(s) |
|---|
| 2004 SLG 1958 2004 SLD 1958 2004 PTD 1500 |
Peshawar High Court
W.P. No.98 of 2003, decision dated: 31st May, 2004.
SHAHZAD AKBAR KHAN AND FAZLUR REHMAN KHAN, JJ
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W.P. No.98 of 2003, decision dated: 31st May, 2004.
SHAHZAD AKBAR KHAN AND FAZLUR REHMAN KHAN, JJ
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MUHAMMAD AYUB KHAN TANOLI
VS
SECRETARY OF INDUSTRIES, GOVERNMENT OF N.W.E.P., PESHAWAR and 3 others
Law:
Section:
(a) Estoppel-------Promissory estoppel, doctrine of---Applicability---Limitations--Where one party had made to the other party, a clear and unequivocal promise intending to create a legal relationship or to effect a legal relationship to arise in future that promise would be binding on the party making the same---Doctrine of promissory estoppel was subject to limitations; firstly, that the same could not be invoked against Legislature or, the laws framed by it because the Legislature could not make a representation; secondly, it could not be invoked for directing the doing of a thing which was against law when representation was made or the promise held out; thirdly, no agency or Authority could be held bound by a promise or representation not lawfully extended or given; fourthly, Doctrine of promissory estoppel would not apply where no steps had been taken consequent to the representation or inducement so as to irrevocably commit the property or the reputation of the party invoking it; and lastly. The party which had indulged in fraud or collusion for obtaining some benefits under the representation, could not be rewarded by the enforcement of the promise. 1998 MLD 374 and PLD 1991 SC 546 ref. (b) Locus poenitentiae, rule of-- ---- If an Authority could make an order that Authority could also amend, vary or rescind the same, but on the basis of the Rule of Locus Poenitentiae that such power could not be exercised once a decisive step was taken, by virtue of which, valuable rights had accrued to the opposite party---Such an order if was obtained by fraud or was result of a mistake or misrepresentation, that order would be outside the scope of Rule of Locus Poenitentiae---Void order creating no right, title or interest, need not to be challenged, recalled or set aside. 1988 MLD 374; 1998 MLD 17; 1991 SCMR 2293; 1998 MLD 1128; 2003 SCMR 1128; AIR 1938 Nag. 513; PLD 1956 FC 46; PLD 1959 PC 108; PLD 1964 SC 97; PLD 1970 SC 439; PLD 1975 Kar. 495; PLD 1975 Lah. 859 and PLD 1976 SC 208 ref. (c) Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction---Scope---Requisite---In order to seek discretionary relief under Art. 199 of Constitution of…
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