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REDDYANDREDDYASSOCIATES 55dafb5d4ec0a407c44969ae Services https://www.reddyandreddylawfirm.com

THE STATE IS ENTITLED TO RECOVER THE MONEY BASE...

  • 2022-03-31T05:24:58

THE STATE IS ENTITLED TO RECOVER THE MONEY BASED ON THE PRINCIPLE OF RESTITUTION: SUPREME COURT The petitioners were applicants for the course of General Nurse Training and the Single Judge Bench of the High Court gave an order in which some excess amount was granted to the writ petitioners and the Division Bench of the High Court set aside the order of the Single Judge Bench and allowed the State to recover such excess money paid to the writ petitioners in easy installments. The writ petitioners then approached the Supreme Court against this direction of the Division Bench of the High Court to which the Supreme Court referred to Section 144 of Civil Procedure Code which speaks about application for Restitution and stated that “The restitution principle recognizes and gives shape to the idea that advantages secured by a litigant , on account of the orders of court, at his behest , should not be perpetuated no one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum / court. As per the settled position of law, no party should be prejudiced because of the order of the court.” The team at Reddy and Reddy Law Firm are experts in varied field of laws and are regularly representing their clients in front of various courts and tribunals in India.

THE STATE IS ENTITLED TO RECOVER THE MONEY BASED ON THE PRINCIPLE OF RESTITUTION: SUPREME COURT The petitioners were applicants for the course of General Nurse Training and the Single Judge Bench of the High Court gave an order in which some excess amount was granted to the writ petitioners and the Division Bench of the High Court set aside the order of the Single Judge Bench and allowed the State to recover such excess money paid to the writ petitioners in easy installments. The writ petitioners then approached the Supreme Court against this direction of the Division Bench of the High Court to which the Supreme Court referred to Section 144 of Civil Procedure Code which speaks about application for Restitution and stated that “The restitution principle recognizes and gives shape to the idea that advantages secured by a litigant , on account of the orders of court, at his behest , should not be perpetuated no one can be permitted to take the benefit of the wrong order passed by the court which has been subsequently set aside by the higher forum / court. As per the settled position of law, no party should be prejudiced because of the order of the court.” The team at Reddy and Reddy Law Firm are experts in varied field of laws and are regularly representing their clients in front of various courts and tribunals in India.

  • 2022-03-31T05:24:58

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