...maintainable within a period of three years from the date of knowledge of the mistake. In case, there could be no doubt that the payment of excise duty was on a mistake of law an...have wrongly included in their application and were also paying mistakenly duty on Lozenges as if these Lozenges are also covered under item 1-A(1) of the Schedules. When the mistake was detected, they...the common good and there is no justifiable reason for directing a refund of the same, Generally, the Supreme Court is of the view that a suit to recover money paid under a mistake of law is...

...been enforced. The mistake is in thinking that the money paid was due when in fact it was not due. In the present, as cheque of Rs. 1,50,000/- was dishonoured, the payment of this cheque was not legally du...held that payment was under mistake of fact and could be recovered under Section 72 of Contract Act. In ...therefore is recoverable under Section 72 of the Contract Act (AIR 1940 Madras 600) ‘the rule governing the recovery of money paid under a mistake of fact, however ignora...

...recovery of the payment made to the respondents under mistake of fact. The respondent being aggrieved by the impugned order of the appellant department dated 5 November 2009, by which ord...Court that the State Government is not entitled to recover any amount from its employee even if it is paid under mistake of fact unless the payment made under mistake of ...ORDER (ORAL)Heard on admission.There is delay of 156 days in filing of this appeal. An application being I.A No. 6443/11 has been filed by the appellant/State...

...the plaintiff-Bank amounted to a representation that the cheque was genuine. All these contentions were negated by the Bench which held that the payment was made under mistake of fact. In this case...Saraf, held that the term “mistake” in Section 72 of the Indian Contract Act comprises within its code a mistake of law as well as a mistake of fact a...such occasion arises when the mistake of law is common to both the parties.”45. The position of law which emerges from a review of the various pronouncements noticed above may be stated as ...

...assessee had submitted but which is later declared invalid, is a payment under a mistake of fact or law which is recoverable. There is no doubt that the question is one of great public importance ..., for a refund of the aforesaid sum of Rs. 1,365-12-0. The refund being refused, the respondent firm filed a petition in this Court under Article 226 of the Constitution for...this Court is justified in granting the application. We certify that this is a fit case for appeal to the Supreme Court under Article 133(1)(c) of the Constitution.6. We make no order as to costs of this appl...

...Limitation Act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does not begin to run until the plaintiff has discovered the mistake or could, with r...mistake of law with full knowledge of facts cannot be recovered back while taxes paid under a mistake of fact may ordinarily be recovered back (see Corpus Juris Secundum, Vol. 84, p. 637)...it finds that the assessment was void, being made under a void provision of law, and the payment was made by mistake, is still not bound to exercise its discretion directing repayment; and that...

...forged or fraudulent, the bank is entitled to refuse payment if the bank finds out before payment, and is entitled to recover the money as paid under a mistake of fact if it finds out after ...goods were despatched while presenting the relevant demand bills for negotiation under LC and fraudulently obtained payments”. After referring to the refusal of the buyers to make good the payment...despatched the cigarettes which entitled the 5th defendant to the payments under the Letters of Credit. The plaintiff discovered the mistake when it received the letter of the first defendant dated 23-1-1984...

...respondent was disentitled to recover the said amounts. This Court held that the term “mistake” in Section 72 of the Indian Contract Act comprised within its scope a mistake of law as well as a mistake .... Section 17(1)(c) of the Limitation Act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does not begin to run until the plaintiff had discovered th...held to cover cases of payment of money under a mistake of law, as the State stands in a peculiar position in respect of taxes paid to it, there are perhaps practical reasons for the law ...

...statement that the execution of the lease deed in the present case, as well as payment of rent pursuant to the lease deed were under mistake of fact, no issue as such was framed by the tr...observations of Sheshagiri Aiyar, J. in the aforesaid case that under the Contract Act, it can be shown that any contract into which a party has entered is vitiated by mistake and the principle of...that the appellants, therefore, were entitled to plead in the written statement that the execution of the lease acknowledging title of the respondents was a mistake of fact and that the appellants were...

...appellants were first informed that the lemons had not been damaged by any peril insured against and discovered for the first time that they had made the payment under a mistake of fact. A claim was...the payment was made under a mistake of fact, the moneys paid were recoverable. The Chief Justice stated in his judgment that when the appellants made their agreement of 25th March 1929, there is ...." The Chief Justice accordingly held that at common law the appellants would be entitled to recover as for a payment made under a mistake of fact; but he held that...

...to himself, a payment made under a mistake of fact common to himself and the company, namely, that he was a shareholder for one thousand shares, when in truth he was not, and money so paid can be...recovered as money had and received to the use of the company and this was the form of the action. 4. The lower Court's suggestion that even if the mistake under which the money was paid to the Boa...the Indian Contract Act. That a mistake like this was purely a mistake of fact cannot be doubted. It was so held by Lord Alverstone, C.J., in Meadows v. Grand Junction Water Works Co. 21 T...

...this doctrine are familiar in cases of money paid by accident, or mistake, or fraud. And the difference between the payment of money under a mistake of fact, and a ...paid under a plain mistake of fact equity impressed upon it a constructive trust which followed it through the bank and into the hands of the trustees.”(emphasis supplied...on 13-7-1982 and explained the circumstances under which the payment was made without receipt of T.T on 21-6-1980. Despite a good deal of correspondence between the parties and furnishing of extract...

...British India has the same effect as a mistake of fact”.12. And the argument is that the provisions of this section will be made nugatory if a party to a valid contract, although caused by a ...authorities and also some earlier Indian cases in support of his contention.17. A payment may be made either under mistake of fact or under a mistake of l...Included not only a mistake of fact but also a mistake of law and it was further pointed out that this section did not conflict with S. 21, because that section dealt not with a payment made ...

.... Section 17(1)(c) of the Limitation Act, 1963, provides that in the case of a suit for relief on the ground of mistake, the period of limitation does not begin to run until the..., and the circumstances under which such a power cannot be exercised. 3.3 sub-section (2) of Section 56 bars the remedy of disconnection of supply for default of payment...discovered that a mistake had occurred in 52 cases, including that of the Respondent, as the bills were raised under the wrong Tariff Code. The AppellantCorporation raised additional demands on...

...after 1-4-1946 was made only under a mistake of fact as to his contiunance in service and not otherwise.11. Taking up the second aspect that relief will be available only when the payment w...contract but ‘with certain relations resembling those created by contract.’ As I read it, all that Section 72 says is that:‘If a person makes a payment under a mistake (of law or of ...Varadaraja Iyengar, J.:— This appeal is by the defendant in a suit for refund of amounts alleged to have been paid under a mistake of fact.2. The defendant N.V Joseph was...

..., ex aequo et bono, retain it. Illustrations of this doctrine are familiar in cases of money paid by accident, or mistake, or fraud. And the difference between the payment of money under a ...a payment under a mistake of law, in its operation upon the conscience of the party, presents the equitable qualifications of the doctrine in a striking manner. It is ‘true that Courts of...constructive trust by decreeing specific restitution. The beneficial interest remains in the persons who conveyed the chattel or who paid the money, since the conveyance or payment was made under a mistake...

...money paid by accident, or mistake, or fraud. And the difference between the payment of money under a mistake of fact, and a payment under a mistake of...288, whereby a Division Bench of the Bombay High Court allowed Writ Petition No. 1442 of 1987 filed by Respondents 1, 2 and 3, and directed the authorities concerned to hold proceedings under.... Respondents 1 to 4 claim to have been in possession of the said land on 1-4-1957 i.e. the “Tillers Day” under the 1948 Act, now known as the Maharashtra Tenancy and Agricultural Lands Act. The pro forma...

...the amounts involuntarily paid by the petitioner and which payment ought to be deemed to be a payment under a mistake of law or of fact.2. Article 226 of the Const...decision of a court and base the same as their cause of action for obtaining a refund of money which according to them was paid under a mistake of law or of fact.3...this decision, the petitioners preferred applications for rectification under section 55 of the Madras General Sales Tax Act and called upon the appellate authority to...

...an inadvertent payment/payment made under mistake of fact, if made by a party in a contract would not mean, that the clause in the contract would be interpreted differently. Additionally, the Clai...has not placed on records any law that prevent recovery of payment of dues under a contract determined by time. They only state the same is void ab initio but fail to draw attention and therefore the argument has n...the respondent. This understanding of the petitioner according to it was fortified by the fact that even under Contract-III after completion of each year, the respondent vide its letters dated...

...another kind of voluntary payment, does not make the payment under a mistake of fact which can be described as fundamental or basic. The essential quality of the payment...Court considered the fact that it was case of the 1 respondent himself that he was given Rs. 1 lakh on the date of the engagement. This amount was given, according to the 1 respondent, for marriage...Court also considered the fact that it was unlikely that the petitioner would have taken the entire quantity of gold ornaments back with her to Saudi Arabia. The Family Court found that in addition to...