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which amendments are aimed at preventing "unjust enrichment". Learned
Counsel for the appellants urged that the excise duty, being ... taken any objection based on the doctrine of "unjust
enrichment" either in the writ petition or in the special leave
Supreme Court of India
Kirpal, J.
1. Whether the doctrine of unjust enrichment is applicable in respect
of raw material imported and consumed ... been passed
on to other person, would result in unjust enrichment and in view of
the amendments made
Supreme Court of India
ground of the
applicability of the doctrine of unjust enrichment in terms of Section
27(1)(b) of the Customs ... Counsel submitted that the doctrine of unjust enrichment
would be applicable in a situation where the duty and interest
Customs, Excise and Gold Tribunal - Bangalore
entitled to refund. However, since the
question of unjust enrichment was debatable, the learned
Judge referred the question ... amended and therefore, M/s APIL was
seeking to unjustly enrich itself by seeking such refund.
Lastly, it was urged
Supreme Court of India
inadequate and the more legalistic basis of unjust
enrichment is formulated. The doctrine of 'unjust enrich-
ment' is that ... generalised right to restriction in every
case of unjust enrichment. [602H-603B]
The principle of unjust enrichment requires; first, that
Supreme Court of India
duty from their distributors and
hence were guilty of unjust enrichment.
12. Lentin J. held that none of the contentions ... Constitution. As
regards the contention of unjust enrichment he held that since I.T.C.
had an integrated price which
Bombay High Court
refund claim was hit by the mischief of
unjust enrichment.
2. Arguing for the appellant, Shri L.P. Asthana learned ... Assistant Commissioner has held that
it was hit by unjust enrichment and he has not discussed anything on
limitation
Customs, Excise and Gold Tribunal - Tamil Nadu
even assuming it
results in the latters unjust enrichment? Such are the questions that
arise for determination in this appeal ... duty from their distributors and hence were guilty of unjust
enrichment.
6. The question of unjust enrichment apart, which
Bombay High Court
claimant no doubt objected to invoking
the doctrine of unjust enrichment under Section 11B of the Act contending
that ... Authorities on application of the
doctrine of unjust enrichment was unwarranted and ill-founded and the ratio
laid down
Supreme Court of India
court finds that a party
is likely to be unjustly enriched, the court may refuse relief in writ
jurisdiction ... relief in appropriate form so as
to prevent unjust enrichment and secure restitution ?
2. These are some of the questions
Gujarat High Court
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