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march 1992

Supreme Court of India · 1992-03-05

AMRIT BANASPATI CO. LTD. vs STATE OF PUNJAB

Citation / case number
SC 1979/62597
Court
Supreme Court of India
Petitioner
AMRIT BANASPATI CO. LTD.
Respondent
STATE OF PUNJAB
Author
R.M. SAHAI
Bench
R.M. SAHAI

Judgment text excerpt

The Supreme Court ruled that while promissory estoppel can create expectations, it cannot be enforced against statutory provisions or public policy, as established under Article 265 of the Constitution of India. The Court held that the promise of sales tax refund made by the Punjab Government was void under Section 23 of the Indian Contract Act, as it contravened public policy. Consequently, the Division Bench's decision to deny the refund was upheld, affirming that no legal right was created by the government's assurances due to the change in policy prior to the appellant's claim.

AMRIT BANASPATI CO. LTD. vs STATE OF PUNJAB · Niyam