Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1974

Supreme Court of India · 1974-08-12

KUJU COLLIERIES LTD. vs JHARKHAND MINES LTD. & ORS.

Citation / case number
SC 1967/48
Court
Supreme Court of India
Petitioner
KUJU COLLIERIES LTD.
Respondent
JHARKHAND MINES LTD. & ORS.
Bench
ALAGIRISWAMI

Judgment text excerpt

The Supreme Court held that the appellant's claim for recovery of a sum paid under a mining lease was not maintainable under Section 65 of the Contract Act, as the lease was void ab initio due to non-compliance with the Mines and Mineral (Regulation and Development) Act, 1948 and the Mineral Concession Rules, 1949. The Court clarified that payments made under an illegal agreement cannot be recovered, and the appellant was aware of the illegality at the time of the agreement. The appeal was dismissed, affirming the lower courts' decisions.

KUJU COLLIERIES LTD. vs JHARKHAND MINES LTD. & ORS. · Niyam