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july 1989

Supreme Court of India · 1989-07-31

MAHABIR KISHORE & ORS. vs STATE OF MADHYA PRADESH

Citation / case number
SC 1974/60468
Court
Supreme Court of India
Petitioner
MAHABIR KISHORE & ORS.
Respondent
STATE OF MADHYA PRADESH
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that the doctrine of unjust enrichment applies when a defendant is enriched at the expense of a plaintiff, establishing that a refund is warranted for money paid under a mistake. The Court emphasized that the principle requires the defendant's enrichment to be unjust and at the plaintiff's expense. The Court remanded the case to the Trial Court for a decision on the merits, overturning the lower courts' dismissal based on limitation under Section 80 CPC.

MAHABIR KISHORE & ORS. vs STATE OF MADHYA PRADESH · Niyam