Supreme Court · 1974 INSC 216 · Decided 29 October 1974
D. Cawasji & CO., ETC. ETC. v. The State of Mysore & ANR.
- Court
- Supreme Court of India
- Citation
- 1974 INSC 216 · [1975] 2 S.C.R. 511
- Case number
- CIVIL APPEAL No. 437/1974
- Decided
- 29 October 1974
- Bench
- KUTTYIL KURIEN MATHEW, A. ALAGIRISWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226; Limitation Act
Headnote
CAWASJI i CO., BTC. BTC. v. THB STATE OF MYSORB & ANR. October 29, 1974 [K. K. MATHEW AND A. ALAGilUSWAMl, 1J~] Corutitution of india, 1950-Art. 226-Paymerst of taxes made under mlstilkl of law-Period of limitation wh!n commentes-Jurlsdiction of tM High Court. The appellants paid certain of ~e.~ levant Acts as unconstitutional. In wnt petitions before the Htgh Court claunlbD refund; the appellants contended that the payments in question were made by them under mistake of law; that the mistake was discovered when the High Court o;tfuck down the provisions a~ unconstitutional
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