UNION OF INDIA AND ANR. versus M/S. SH. RAM RAYONS

UNION OF INDIA AND ANR. versus M/S. SH. RAM RAYONS

No fee is refundable under any circumstances except where fee has been deposited in excess, where fee has been paid without making an application, or where fee has been paid in error by an exempt applicant; as none of these exceptions were applicable, the High Court was not justified in directing refund.

Parties
Appellant: Union of India and Another; Respondent: M/s. Sh. Ram Rayons
Jurisdiction
India
Judgment Date
12 February 1996
Procedural Posture
Civil Appeal / Appeal by Special Leave From High Court Judgment
Outcome
Appeal allowed.
Legal Topics
Import Control, Refund of Licence Fees
Administrative Law Commercial Law Import Control Refund of Licence Fees

Case Brief

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Parties

Union of India and Another

Appellant

M/s. Sh. Ram Rayons

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether the respondent is entitled to a refund of the application fee for a supplementary import licence when licence could not be issued due to policy change.

Ratio Decidendi

No fee is refundable under any circumstances except where fee has been deposited in excess, where fee has been paid without making an application, or where fee has been paid in error by an exempt applicant; as none of these exceptions were applicable, the High Court was not justified in directing refund.

Court Disposition

Appeal allowed.

Orders

  • High Court's direction for refund set aside.