Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1968. Karnataka Excise (Sale of Indian and Foreign Liquors) Rules |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968.rr.4A and 1 I (b}-Distribution of Liquor in the Stat"-MSIL appointedas sole distributor by Notifications dated 13.9.1989-Amount to be charged inrespect of operation by MSIL as distributors-Writ petitions by manufacturers,who he/ore the Notification were selling their product either to Distributor ordirect to wholesale dealer, filed before High Court challenging the commonNotifications dismissed-Appeals before Supreme Court-Interim stay grantedon 20.11. I 989 with a direction that in the event of dismissal of the appeals,compensation to be paid to MSl~Except appellant 'K', other appellantswithdrew their appeals, but took the advantage of the stay orders that remainedoperative in 'K's appeal-K's appeal• dismissed with the directions that theappellants would pay to MSIL the requisite commission amount-Appellantsother than 'K' contending that the Notification dated 13.9.1989 having comeinto force w.e.f 1.7.1990 and the appellants having withdrawn their appealson 9. 4. I 990, they did not commit any violation of interim order dated20. I I. I 989 nor were they liable to pay to MSl~Held, ordinarily in a disposedof appeal the Court would not have entertained contentious questions-But inthese appeals questions to be determined relate to adjustment of equities-Appellants not only took advantage of the interim order passed in 'K's appeal,but also denied and disputed claim of MSlL relying on the Court's orderpermitting them to withdraw their appeals- Though the Court permitted theappellants to withdraw their appeals, they took advantage of the interim orderpassed in K's appeal-State also issued permits to wholesale dealers havingregard lo stay order passed in K's appeal-Appellants either expressly chargedcommission payable to MSIL or otherwise recovered the said amount fromother distributors-In some cases appellants realised the amount of commissionpayable to MSIL, without actually showing it in the bills-They cannot havingregard to doctrine of 'unjust enrichment' retain the undue advantage derivedby them-They are liable to pay back the amount received either directly orindirectly on account of MSll-Doctrine of restitution must be applied inthese appeals-With a view to do complete justice between the parties directionsgiven to determine the amount payable to MSIL-Equity-Constitution ofIndia-Article 142-Doctrine of 'unjust enrichment '-Doctrine of restitution. |
Judge | N/A |
Neutral Citation | 2003 INSC 78 |
Petitioner | K.t. Venatagiri And Ors |
Respondent | State Of Karnataka And Ors. |
SCR | [2003] 1 S.C.R. 1081 |
Judgement Date | 2003-02-13 |
Case Number | 4278-4732 |
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