Judicial Dictionary
Title | Doctrine of legitimate expectation implement of contract |
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Details |
The doctrine of legitimate expectation may be played into service in many cases particularly in contractual sphere while canvassing the implications underlying the administrative law. Such expectation can be claimed if the decision of the authority deprives a person the benefit or advantage which he had enjoyed and which he can legitimately expect to continue until he is intimated some rational grounds for withdrawing it and that he has been given an opportunity or that he has received an assurance that it will not withdraw the benefit without giving an opportunity of advancing reasons. Legitimate expectation gives the claimant sufficient locusstandi for judicial review and it operates in the domain of public law and in appropriate cases give rise to substantive as well as procedural rights. There is no neglect and laches on the part of the writ petitioner to implement the agreement. It has also spent huge amount of money after taking over possession towards the improvement of the Mills. Therefore, the writ petitioner’s expectation of getting a registered instrument upon payment of the balance consideration cannot be taken away by the authority unilaterally. The High Court Division, in the premises, acted no illegality in making the rule absolute. .....Government of Bangladesh =VS= Refat Garments Limited, (Civil), 2018 (2) [5 LM (AD) 173] ....View Full Judgment |