Case Details

Citation(s)
2004 SLG 2998 2004 SLD 2998 2004 PLD 92
Balochistan High Court
Constitutional Petition No. 596 of 2002, Dated: 1st July, 2003, heard on: 27th May, 2003.
RAJA FAYYAZ AHMED, CHIEF, JUSTICE AND AKHTAR ZAMAN MALGHANI, JUSTICE
Mian Allah Nawaz, Dr. Amjad Bukhari, Tariq Kamal, Syed Wasi Haider, Nadeem Ahmed and Muhammad Ilyas Sheikh for Petitioner. K.N. Kohli, Deputy Attorney General for
Respondents.

CRESCENT INDUSTRIAL CHEMICAL LTD, THROUGH CHIEF EXECUTIVE

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY MINISTRY OF LAW, JUSTICE AND HUMAN RIGHTS DIVISION, ISLAMABAD AND 3 others

Law:

Section:

(a) Words and phrases---.--- --"Promissory estoppel", doctrine of---.---Definition. Blacks Law Dictionary ref. (b) Estoppel---.------ --Promissory estoppel ---.---Applicability Essential ingredients Following are the ingredients of promissory estoppel. (a) There is a clear and unequivocal promise by one party through representation to the other party. (b) The promisor expects that the representation should induce action or forbearance of a definite and substantial character on the part of the promisee. (c) The promise is intended to create a legal' relationship to arise in the future. (d) Knowing or intending that it would be acted upon by the other party to whom the promise is made and it is in fact so acted upon by the other party. Blacks Law Dictionary fol. (c) Estoppel---.----- ---.--- Promissory estoppel, principle of---.---Applicability---.---Such principle being an equitable principle evolved by Courts for doing justice, would be available bath by way of defence and as cause of action. Pakistan v. Facto Belarus Tractors Ltd. PLD 2002 SC 208, fol. (d) Estoppel---.--- ---.--- Promissory estoppel---.---Effect---.---Promisor could not retract from his promise or act in a way detrimental to vested rights of promisee ---.---Where promise was subject to qualifications, then before pressing doctrine of promissory estoppel, promisee would be required to show fulfillment of such obligations by him---.---Principles. A promise made by a party would be binding on it and it would not be entitled to go back upon it, if it would be inequitable to allow to do so having regard to the dealings, which had taken place between the parties at the same time, if promise is subject to certain qualifications, then before pressing the doctrine of promissory estoppel, the promisee is required to show that the obligations, which were required to be fulfilled by him, have been in fact fulfilled, as such the promisor is bound by his promise and cannot be allowed to retract or act, which may be detrimental to the vested rights of promisee. Collector Central Excise v. Aziz ud Din PLD 1970 SC 439; Al¬ Samrez Enterprises v. Federation of Pakistan 1986 SCMR 1916; Pakistan v. Salah ud Din…
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