Supreme Court · 1962 INSC 5 · Decided 16 January 1962
M/S. Steelworth LTD. v. State of Assam
- Court
- Supreme Court of India
- Citation
- 1962 INSC 5 · [1962] SUPP. 2 S.C.R. 589
- Case number
- WRIT PETITION (CIVIL) No. 184/1961
- Decided
- 16 January 1962
- Bench
- BHUVNESHWAR PRASAD SINHA, J.L. KAPUR, M. HIDAYATULLAH, J.C. SHAH, J.R. MUDHOLKAR (5-judge bench)
- Outcome
- Dismissed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 14, 19(1)(f), 32; Contract Act Section 64
Headnote
SUPREME OOURT REPORTS 589 ask for a refund of the money pa.id. It is a well­ established principal that courts will not entertain an action for money had and received, where, in order to succeed, the plaintiff has to prove his own fraud. We are further in agreement with the High Court that in neither s. 65 nor s. 64 of the Indian Contract Act has any application. For the reasons giv.en above we have come to the conclusion that there in no merit in the appeal. The appeal is accordingly dismissed with costs. Appeal dismissed. M/s. STEELWORTH LTD. '!)8. STATE OF ASSAM lB. P. SINHA,
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