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july 2003

Supreme Court of India · 2003-07-07

PANYAM CEMENTS & MINERAL INDUSTRIES LTD. vs UNION OF INDIA .

Citation / case number
SC 1987/68242
Court
Supreme Court of India
Petitioner
PANYAM CEMENTS & MINERAL INDUSTRIES LTD.
Respondent
UNION OF INDIA .
Author
RUMA PAL
Bench
RUMA PAL & B.N. SRIKRISHNA

Judgment text excerpt

The Supreme Court addressed the appellant's claim for a refund of excess royalty paid under the Mines and Minerals (Regulation and Development) Act, 1957, specifically under Section 9. The Court held that the appellant was entitled to a refund for the period prior to the 1972 amendment, which altered the royalty payment structure. The Court ruled that the appellant had overpaid royalty based on the notifications issued by the Central Government, thus establishing the principle that excess payments made under statutory provisions can be reclaimed.

PANYAM CEMENTS & MINERAL INDUSTRIES LTD. vs UNION OF INDIA . · Niyam