1994 JTR(SC) 1269
1995 AIR(SC) 1132 ; 1995 AIR(SCW) 1173 ; 1998 8 JT 405 ; 1999 1 RCR(Civ) 378 ; 1998 9 SCC 570 ; 1995 KHC 1378
SUPREME COURT OF INDIA
K. RAMASWAMY AND N. VENKATACHALA, JJ.
State of Rajasthan and other, Appellants
Versus
Novelty Stores, etc., Respondents.
Civil Appeals Nos. 5043 of 1984 with 5044, 5042 of 1984 and 300 of 1993 with 5045 and 4887-94 of 1984
Decided on 13-12-1994.
Act Referred :CONTRACT ACT : S.72
UNJUST ENRICHMENT.
JUDGMENT
The orders of the High Court in the impugned appeals are to be set aside on the sole ground that the respondents after paying octroi duty have passed on the burden to the consumers and collected from the customers on the cloth purchased and sold by them. Therefore the order of refund would be an unjust enrichment for them. This Court has repeatedly held that such a refund should not be ordered. In that view of the matter without expressing any opinion on the merits during the interregnum Gram Panchayat was entitled to the refund of the amount which is already collected and passed on the burden to the consumers these appeals are to be allowed. The appeals are accordingly allowed and the writ petitions in the High Court stand dismissed.
Order accordingly.
For Citation: AIR 1995 SC 1132
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