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Checking relevance for P. MOHANRAJ VS SHAH BROTHERS ISPAT PVT. LTD. ...
Checking relevance for Tilokchand And Motichand VS H. B. Munshi...
Tilokchand And Motichand VS H. B. Munshi - 1968 0 Supreme(SC) 349 : For recovery of money paid under coercion or mistake of law, the normal remedy is by suit governed by Article 62 of the Limitation Act, 1963 (three-year limitation from date of payment). If the claim is based on mistake of law, Article 96 of the Limitation Act, 1908 (or Section 17(1)(c) of the Limitation Act, 1963) applies, where limitation begins to run only when the mistake is discovered or could have been discovered with reasonable diligence. Landmark judgments include Shiba Prasad Singh v. Sirish Chandra Nandi (1959 SCR 1350) and A. Venkata Subba Rao v. State of Andhra Pradesh (1965 SCR 577), which confirm that Article 62 applies to recovery of illegally collected taxes. The Supreme Court has held that even though no limitation period is prescribed for writ petitions under Article 32, the Court acts on the analogy of limitation statutes and refuses relief for stale claims on grounds of public policy. The rule of res judicata also applies to writ petitions under Article 32. Tips for drafting a petition: avoid misleading or inaccurate statements; ensure the petition is not filed after unreasonable delay; and recognize that the Court will not entertain claims barred by limitation or res judicata, even under Article 32.Checking relevance for DELHI FINANCIAL CORPN. VS RAJIV ANAND...
DELHI FINANCIAL CORPN. VS RAJIV ANAND - 2004 0 Supreme(SC) 379 : Under the State Financial Corporation Act, 1951, recovery of money due to a financial corporation can be sought under Section 32G. This provision allows the State Government or an authority appointed by it (such as the Managing Director) to issue a certificate for recovery of the amount due, which is then recovered by the Collector as arrears of land revenue. The proceedings under Section 32G are not adjudicatory or judicial in nature but are summary in character, requiring only a simple arithmetical calculation or verification of the amount due. The Supreme Court has held that such proceedings do not involve a ''''lis'''' or adjudication, and the legislature''''s intent was to ensure speedy recovery. The remedy under Section 32G is available not only against the principal debtor but also against a surety. The procedure must comply with principles of natural justice, including notice and opportunity to be heard, even though a reasoned order is not required due to the simplicity of the calculation involved. Landmark judgments cited include Haryana Financial Corpn. v. Jagdamba Oil Mills and Director of Industries, U.P. v. Deep Chand Agarwal, which uphold the constitutional validity and speedier nature of such recovery mechanisms. When drafting a petition, it is essential to include a clear statement of the amount due, supporting documents (like loan agreements, repayment records), and evidence of compliance with procedural requirements such as notice. The petition should invoke Section 32G and seek issuance of a recovery certificate by the appropriate authority.Checking relevance for Gujarat Steel Tubes LTD. VS Virchandbhai B. Shah...
Checking relevance for State Of Kerala VS V. R. Kalliyanikutty...
Checking relevance for Desh Raj VS Rohtash Singh...
Desh Raj VS Rohtash Singh - 2022 0 Supreme(SC) 1244 : Under the Contract Act, 1872, Section 74 provides the legal basis for recovery of earnest money as a reasonable compensation for breach of contract, where the amount is a genuine pre-estimate of loss. The courts have held that if the contract clearly stipulates that earnest money is forfeited upon non-performance by a specified date, the forfeiture is valid and justified. Additionally, the Specific Relief Act, 1963, Section 22 mandates that a plaintiff must specifically plead for refund of earnest money in the prayer clause of the suit; otherwise, no such relief can be granted. Landmark principles from the judgment emphasize that the onus lies on the party seeking refund to prove that the earnest money was penal in nature, and failure to do so results in the amount being treated as a genuine pre-estimate of loss. For drafting a petition, it is crucial to include a clear prayer clause for recovery of earnest money and to establish that the contract terms were time-bound and enforceable, with forfeiture clauses explicitly stated. Furthermore, undue delay in instituting the suit may bar relief under Section 55 of the Contract Act, and non-cooperation by the plaintiff in obtaining necessary clearances (e.g., NOC) undermines claims of breach by the defendant.Checking relevance for Rajendra K. Bhutta VS Maharashtra Housing And Area Development Authority...
Checking relevance for Hanuman VS Nandlal...
Hanuman VS Nandlal - 2022 0 Supreme(Raj) 1332 : The suit for recovery of money was filed under the Civil Procedure Code (CPC), specifically referencing Section 115 CPC for revision and Section 102 CPC which bars appeal of money decrees below Rs.25,000. The court affirmed the money decree for recovery of Rs.13,000 with 6% p.a. interest, relying on the trial court and first appellate court findings. The ratio decidendi established that under Section 115 CPC, the court can only examine material illegality or jurisdictional error, not re-evaluate factual findings. This case serves as a precedent for the enforceability of money decrees and the limited scope of revision under Section 115 CPC. For drafting a petition, key tips include clearly stating the cause of action, specifying the amount claimed with interest, citing relevant provisions (like Section 115 CPC for revision), and ensuring compliance with Section 102 CPC''''s monetary threshold for appeals.Checking relevance for Radhika Raman Singh VS Jharkhand State Electricity Board, through its Chairman...
Radhika Raman Singh VS Jharkhand State Electricity Board, through its Chairman - 2021 0 Supreme(Jhk) 176 : The recovery of excess public money, even without fraud or misrepresentation, is permissible under the law if paid without legal authority. The Supreme Court in Chandi Prasad Uniyal and Others Vs. State of Uttarakhand and Others (2012) 8 SCC 417 held that excess payment of public money—often termed ''''taxpayers'''' money''''—belongs neither to the payer nor the recipient, and such amounts can be recovered regardless of fault, as long as the payment was made without legal authority. The court emphasized that the principle of unjust enrichment applies, and the payee is legally obligated to repay, barring extreme hardship. This judgment provides a landmark legal basis for recovery actions. Additionally, the court in the present case relied on this precedent to affirm the validity of recovery orders, though it ultimately quashed the recovery in this instance due to procedural irregularities (lack of notice) and the fact that the petitioners had retired. For drafting a petition for recovery, key tips include: (1) cite Chandi Prasad Uniyal as the primary authority for recovery of excess public funds; (2) establish that the payment was made without legal basis; (3) emphasize the principle of unjust enrichment; (4) avoid reliance on fraud or misrepresentation as a prerequisite; and (5) consider exceptions for extreme hardship, though these are narrowly construed.
