Pages

▼
Showing posts with label unjust enrichment. Show all posts
Showing posts with label unjust enrichment. Show all posts
Saturday, 28 October 2023

What is concept of reimbursement of unjust enrichment regarding Government Contract?

›
  Taking into account the legal position as enunciated in these judgments, the impugned award holds that the absence of a contract would not...

Whether the contractor is entitled to get the payment for work allegedly executed by it even if no concluded contract came into existence?

›
It is highlighted at the cost of repetition that works in question had been undertaken by the Claimant for which it has incurred the expendi...
Saturday, 23 April 2022

What is the court's duty when the proceeding in which a stay granted to recover money is dismissed?

›
    Following the said decision, this Court in Kanoria Chemicals and Industries Ltd. and Others v. U.P. State Electricity Board and Others, ...
Sunday, 7 February 2021

Whether the trial court can grant restitution of property if the case did not fall within the ambit of S 144 of CPC?

›
  In the case of Mrs. Kavita Trehan and another v. Balsara Hygiene Products Ltd., reported in AIR 1995 SC 441, in paragraph nos. 13 and 15, ...
Sunday, 6 December 2020

Supreme court: Inter-relation between Promissory Estoppel, Legitimate Expectations and article 14 of Constitution of India

›
Promissory Estoppel and Legitimate Expectations 289. As we have seen earlier, for invoking the principle of promissory estoppel there has to...
Saturday, 21 October 2017

Whether doctrine of unjust enrichment is applicable to deposit made as per order passed by court?

›
It cannot be disputed that the doctrine of unjust enrichment as incorporated by Section 27 of the Customs Act applies in all such cases....
Thursday, 13 July 2017

Whether it is permissible to recover compensation in case of void contract?

›
“6. ….. The principle is that the provisions of Section 175(3) of the Government of India Act, 1935 or the corresponding provisions of  Ar...
Thursday, 22 June 2017

When it is not permissible for bank to forfeit amount deposited by successful bidder in Auction sale?

›
 Another issue which was debated during the course of hearing of the instant Letters Patent Appeal, is whether forfeiture of the amount d...
Sunday, 22 January 2017

Whether plaintiff is entitled to get refund of earnest amount if suit for specific performance is dismissed?

›
In view of the fact that the suit filed by the appellant for specific performance had been dismissed on the ground that the respondents did...
Sunday, 26 April 2015

When carrier of goods should not be held guilty for unjust enrichment?

›
The learned counsel for the appellant urged that both the Courts below found that it was a case of mis-delivery. Hence, it would amount t...
Saturday, 25 April 2015

Basic concept of doctrine of unjust enrichment

›
The plaintiff's claim, as said before, is now confined to Section 70 of the Contract Act. It is well established that an agreement w...
Sunday, 19 April 2015

When deft is liable to pay compensation as per S 70 of contract Act even though request was made by unauthorised person?

›
A request when accepted constitutes an agreement but Section 70 of the Act docs not postulate any agreement between the parties. A request...

Whether a person who has delivered goods to other party is entitled to get market value of goods?

›
In Civil Appeal No. 19 of 1967  (Pilloo Dhunjishaw Sidhwa v. Municipal Corporation of the City of Poona) the Supreme Court,  in its unrep...

When principal is liable jointly and severally with agent to restore amount received from third party?

›
 In Goolabchand v. Miller (1938) 2 M.L.J. 688 a Bench of this Court consisting of Varadachariar and|Pandrang Row, JJ., observed as follow...
Sunday, 8 March 2015

Whether earnest money can be forfeited even in absence of proof of damage?

›
Mr. Palaniswami strenuously contended that as the amount is in the nature of earnest money, it could be forfeited notwithstanding the absen...
Thursday, 5 March 2015

When seller is bound to refund sale consideration to subsequent purchaser?

›
 In a contract for sale of immovable property for consideration, if a seller fails to transfer the title to the purchaser, for any reason,...
Saturday, 7 April 2012

Basic concept of unjust enrichment and restitution

›
  The Law of Restitution is founded upon the principle of "unjust enrichment". As stated by the learned authors, Lord Goff of Chi...

What is basic concept of unjust enrichment?

›
" The doctrine of unjust enrichment is an equitable concept created to remedy injustices that occur where one person makes a sub...