Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Coal Mines (Conservation and Development) Act 1974 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Coal Mines (Conservation and Development) Act, 1974:Section 9-Stowing assistance-Obligation of Central Government to provide-Coal company had contractual obligation to pay royalty to Central Government for extracting sand for stowing operation-But the Coal company fell into arrears-Therefore, Central Government sought to recover the arrears of royalty by set-off against stowing assistance-Validity of-Held: It is not permissible for Central Government to set-off outstanding royalty against stowing assistance-Coal Mines (Conservation and Safety) Rules, 1954, R.49.Code of Civil Procedure, 1908: Order 8 Rule 6. Set-off-Claim for-Writ petition to enforce the same-Applicability of O.8 R.6-Held: Though there is no specific provision of law or settled rule of procedure governing writ jurisdiction yet the principles underlying O.8 R.6 are applicable to writ proceedings-Constitution of India, 1950, Art. 226. Equitable and legal set-off--Conditions. to be fulfilled-Held: Mutual debts and credits to be available for extinction by way of equitable set-off must have arisen out of the same transaction-Equitable set off not available as a matter of right and the discretion to allow or disallow lies with the Court. |
Judge | Honble Mr. Justice R.C. Lahoti |
Neutral Citation | 2004 INSC 157 |
Petitioner | Union Of India |
Respondent | Karam Chand Thapar And Brs. (coal Sales) Ltd. And Ors |
SCR | [2004] 2 S.C.R. 997 |
Judgement Date | 2004-03-10 |
Case Number | 2509 |
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