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    <title>2010 (3) TMI 651 - MADRAS HIGH COURT</title>
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    <description>Promissory estoppel and legitimate expectation cannot be used to compel payment where the claim is linked to a prior fraudulent encashment and would prejudice public interest. The Court treated the earlier representation as non-enforceable against the Government, holding that equity will not protect a party that has already obtained pecuniary advantage at the public exchequer&#039;s cost. It also accepted that prior binding directions between the parties and the claimant&#039;s earlier wrongful gain justified an equitable adjustment, making later release conditional on repayment of the earlier amount. The repayment-and-release mechanism was therefore upheld, and immediate payment was denied.</description>
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    <pubDate>Thu, 18 Mar 2010 00:00:00 +0530</pubDate>
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      <title>2010 (3) TMI 651 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=78886</link>
      <description>Promissory estoppel and legitimate expectation cannot be used to compel payment where the claim is linked to a prior fraudulent encashment and would prejudice public interest. The Court treated the earlier representation as non-enforceable against the Government, holding that equity will not protect a party that has already obtained pecuniary advantage at the public exchequer&#039;s cost. It also accepted that prior binding directions between the parties and the claimant&#039;s earlier wrongful gain justified an equitable adjustment, making later release conditional on repayment of the earlier amount. The repayment-and-release mechanism was therefore upheld, and immediate payment was denied.</description>
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      <pubDate>Thu, 18 Mar 2010 00:00:00 +0530</pubDate>
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