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.