Promissory Estoppel Applicable to any government .
Querist :
Anonymous
(Querist) 25 April 2011
This query is : Open
OPINION Required in Depth If Possible With the Relevant Case Laws of SC Only.
1) SEZ (Special Economic Zone) Act cannot be changed by the Finance Act.
2) Invoking the theory of promissory estoppel according to which if a promise is made by the government in the shape of a notification or declaration and if the financial commitment is made I pursuance of the promise, there is no way in which the government can back out from the promise. So we can say that promissory estoppel is applicable to any branch of government or any state government & also to the central government.
3) The SEZ Act was made by the Commerce Ministry & not by the Finance Ministry so the finance ministry can’t change or amend any act which was passed by the commerce ministry. Is there any provision under Constitution Of India, 1949.
Especially on point no. 2 & 3 the case law is required & respected opinion is also required.
Thanks.
