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Report No. 108

Chapter 6


6.1. Recommendations of the Law Commission.-

It is suggested that since the doctrine of promissory estoppel is a beneficial doctrine based on equity, exclusion of its operation may be allowed only where absolutely necessary. The proper course would be to hold the government bound by its promise which has been acted upon by the other party (promisee) subject to certain narrowly drawn exceptions. We are not recommending the test of 'sovereign' and 'non-sovereign' functions, because, it is not an easy test to apply. Our recommendation is that a new section may be inserted in the Indian Contract Act after section 25 as suggested below.

Promissory Estoppel Back

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