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november 1979

Supreme Court of India · 1979-11-09

SHIV SHANKER DAL MILLS ETC. ETC vs STATE OF HARYANA & ORS. ETC.

Citation / case number
SC 1979/62667
Court
Supreme Court of India
Petitioner
SHIV SHANKER DAL MILLS ETC. ETC
Respondent
STATE OF HARYANA & ORS. ETC.
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that under Article 226 of the Constitution of India, public bodies must refund excess amounts collected due to erroneous levies, as there is no limitation period for such refunds. The Court emphasized that the principle of justice mandates that those who have wrongfully collected money must return it, and that the judiciary has the discretion to grant remedies based on public interest and equity. The Court devised a scheme for the market committees to refund the excess amounts to the affected traders, ensuring that those who had passed on the excess charges to others would not benefit from the refund.

SHIV SHANKER DAL MILLS ETC. ETC vs STATE OF HARYANA & ORS. ETC. · Niyam