AI Overview...

Recovery of Excess Payment - Several sources discuss the legal and procedural aspects of recovering excess payments made in various contexts. For example, INDIAN ALUMINIUM COMPANY LTD VS STATE OF KARNATAKA - Karnataka states that petitioners are entitled to reimbursement and indemnification from the State for excess payments, and the State must keep consumers indemnified against claims related to such excess payments. Similarly, Shashi Bhushan Singh vs The Union of India through the Director General of Post - Central Administrative Tribunal highlights recovery orders upheld due to voluntary undertakings and references the Supreme Court case Mohd. Rafiq regarding recovery from employees for excess payments. Union of India Owning Southern Railway represented by its General Manager VS Thiru Arooran Sugars Limited represented by its Executive Director G. Rajagopal - Madras details interest rates awarded during recovery, with the tribunal granting interest at 6% and 7.5% per annum for different periods. Instrument Techniques (P) Ltd. VS National Insurance Co. Ltd. - Consumer discusses interest on delayed payments in insurance claims, awarding 12% interest from six months after the loss. Oriental Fire And General Insurance Company VS Amrit Kaur Alias Paramjit Kaur - Punjab and Haryana emphasizes recovery of excess amounts paid by insurers from the insured, as per the Motor Vehicles Act, 1988, and mentions the possibility of recovery through execution of awards. M/S.WINDSOR FOODS PVT.LTD vs LUNKER ENTERPRISES - Madras mentions recovery of dues from sub-agents, indicating legal proceedings for excess amounts paid or owed. CORPORATION OF CALCUTTA VS PADMA DEBI - Calcutta notes that voluntary payments exceeding standard rent are illegal and not recoverable under rent control laws.
Main Points and Insights:
Legal entitlement to recover excess payments exists across different sectors (tax, insurance, employment, rent).
Recovery mechanisms include court orders, execution of awards, and statutory provisions.
Interest on delayed payments is awarded to compensate for delays, with rates varying based on case specifics.
Voluntary payments exceeding legal limits are generally considered illegal and not recoverable.
The recovery process often involves verifying the legality of excess payments and adherence to statutory guidelines.
Analysis and Conclusion: Recovery of excess payments is a well-established legal principle, supported by judicial precedents and statutory provisions. The process typically involves establishing the legality of the excess amount paid, obtaining recovery orders or awards, and applying appropriate interest rates for delayed recovery. While voluntary excess payments are often deemed illegal and non-recoverable, statutory and contractual obligations generally facilitate recovery in cases involving government, insurance, or employment. Effective recovery depends on proper legal procedures, documentation, and adherence to relevant laws.

References: - INDIAN ALUMINIUM COMPANY LTD VS STATE OF KARNATAKA - Karnataka - Oriental Fire And General Insurance Company VS Amrit Kaur Alias Paramjit Kaur - Punjab and Haryana - United Commercial Bank, Calcutta Manager and duly constituted attorney at Guntur, M. S. Suryanarayana VS Karumanchi Aruna Kumari - Andhra Pradesh - Shashi Bhushan Singh vs The Union of India through the Director General of Post - Central Administrative Tribunal - Instrument Techniques (P) Ltd. VS National Insurance Co. Ltd. - Consumer - Union of India Owning Southern Railway represented by its General Manager VS Thiru Arooran Sugars Limited represented by its Executive Director G. Rajagopal - Madras - CORPORATION OF CALCUTTA VS PADMA DEBI - Calcutta - M/S.WINDSOR FOODS PVT.LTD vs LUNKER ENTERPRISES - Madras

Search Results for "Recovery Exess Payment"

1988 0 Supreme(Kar) 350 • India - Karnataka

K.S.BHATT, P.C.JAIN

allowed the writ petitions and declared the petitioner's entitlement to reimbursement and indemnification from the State towards any payment ... and shall also keep the consumer indemnified against all claims and demands of any authority for such excess payment. ... Other provisions of this Taxation Act relating to certain formulas, to determine the units of consumption, payment of tax etc. , need not be referred here. ... Where there is such a clause, the central Government is bound to pay the amount of sales tax on the freight component....

Oriental Fire And General Insurance Company VS Amrit Kaur Alias Paramjit Kaur

2006 0 Supreme(P&H) 3078 • India - Punjab and Haryana

RAJESH BINDAL

The court also referenced judgments in support of the insurance company's liability and the recovery of excess amount from the insured ... Upon making such payment the appellant can recover the excess amount from the insured by executing this Award against the insured to the extent of such excess as per Sec.174 of the Motor Vehicles Act, 1988. No costs. ... 6. ... The additional amount of compensation shall be payable to the claimants alongwith interest @ 7.5 % per annum from the date of application till the payment. .....

United Commercial Bank, Calcutta Manager and duly constituted attorney at Guntur, M. S. Suryanarayana VS Karumanchi Aruna Kumari

1995 0 Supreme(AP) 482 • India - Andhra Pradesh

K.S.SHRIVASTAVA

The question of recovery of interest with quarterly or six-monthly rests from farmers is, therefore, not feasible. ... The Reserve Bank, conscious of this difficulty o the farmers, directed the banks that their repayment period should be so fixed as to coincide with the period when the farmer is fluid and payment of interest should also be insisted upon only at the time of repayment of the loan or instalment. ... The third circular is general in nature and prescribes the ceiling for the recovery of interest with the qualification that if ....

Shashi Bhushan Singh vs The Union of India through the Director General of Post

2024 Supreme(Online)(CAT) 4599 • India - Central Administrative Tribunal

Ajay Pratap Singh, J, Sunil Kumar Sinha, A

of excess payment was lawful considering his undertakings. ... (Paras 1-4, 36-50) ... ... (B) Recovery Orders - Recovery orders upheld due to voluntary undertakings ... for re-employed pensioners - Applicant seeking restoration of pay and quashing of revenue orders challenging pay reduction and recovery ... In respect of recovery of excess payment, petitioner relied on Mohd. Rafiq case of the Apex Court. ... (iii) Recovery from employees, when the excess ....

Instrument Techniques (P) Ltd. VS National Insurance Co. Ltd.

• India - Consumer

M.B.SHAH, RAJYALAKSHMI RAO

. — Two surveyors appointed — Ist surveyor report of 30-11-1995 second surveyor’s report of 2-5-1997 — Payment not made — Whether ... (Yes) — Rs. 23 lacs allowed with 12% p.a. w.e.f. six months from date of loss till payment and Rs. 25,000/- as costs — Complainant ... interest at the rate of 12% p.a. from 1.5.1996, i.e., six months from the date of loss suffered by the Complainant, till the date of payment ... The Complainant contended that because of this long delay he was put to a lot of inconvenience in facing the civil suit ... filed....

Union of India Owning Southern Railway represented by its General Manager VS Thiru Arooran Sugars Limited represented by its Executive Director G. Rajagopal

2018 0 Supreme(Mad) 1409 • India - Madras

R.SUBBIAH, P.D.AUDIKESAVALU

the present case, Tribunal awarded interest at rate of 6% per annum for period and at 7.5% per annum for period from till date of payment ... appellants to pay compensation with interest at rate of 6% per annum for the period and at 7.5% per annum for period from till date of payment ... The respondent had wantonly withheld the Railway Receipt with them and now they are projecting a case for non-payment of the consignment price and in that process, they are trying to secure price, one by receipt of payment from M/s. ... ....

1956 0 Supreme(Cal) 89 • India - Calcutta

LAHIRI

voluntary payment is illegal, the rateable value cannot be fixed higher than the standard rent. ... force on 1-4-1924 when the Municipal Act of 1923 came into operation and cannot exclude the operation of Sections 3 and 33, West Bengal Premises Rent Control Act, 1950, which came into force after twenty six years and under which any amount in excess of the standard rent is irrecoverable and conscious recovery ... ... ( 25 ) UPON these authorities it is clear that if voluntary payment and acceptance of any rent in excess of the standard re....

M/S.WINDSOR FOODS PVT.LTD vs LUNKER ENTERPRISES

• India - Madras High Court

The plaintiff has filed the suit for the recovery of dues from the sub-agents appointed is in no way liable for the wrong committed by the sub-agents to the the particulars of invoices and the names of the parties and the under Ex.A.9 that on behalf of D1 its Executive Manager Mr.Mohan had Rs.38,529.70 b)Amount Exess

Filter by Legal Phrase

Legal Issues on Supreme Today AI

Approbate and Reprobate: Key Legal Doctrine Explained Vague Threatening Phone Calls: Why They Fail in Court Does SCC Own Copyright on Full Text Judgments? G.O. Ms No. 108: TN Salesman & Packer Recruitment Rules Article 226 vs 227: Key Differences in High Court Powers Judgments on One-Time GNA Charges in India TIP: Judicial vs Executive Magistrate Rules Explained Can a Sole Dissenting Member Block Society Redevelopment? How to Sue Fake Facebook Accounts for Defamation in India Illustrations: Person Dominating Will in Indian Law Perusal in Court Orders: What It Means in Law Litigant Vigilance: Essential Duty in Court Proceedings What to Do If Company Suit Signatory Dies Renting House Without Rent Agreement in India: Risks Stay on Money Realization After Ejectment: Is It Possible?