Raunak Vora (article) (86 Points)
26 September 2014
Santhosh Poojary
(SIEMPRE AHÍ PARA TI)
(15607 Points)
Replied 26 September 2014
Doctrine of Unjust Enrichment says that a person shall not be allowed to profit or enrich himself inequitably at anothers expense.... it permits recovery in certain instances whre person has received from another a benefit retention of which would be unjust... doctrine is not contractual but is equitable in nature!
Cases :
1) In the case of Jai Indra Bahadur Singh v. Dilraj Kaur, a minor being bound to support his sister, money advanced to a minor for marriage of his sister has been held to be necessaries under this section and also recoverable from the property.
2) In the case of Benaras Bank Limited v. Dip Chand, it was said that a creditor can recover money advanced to the minor for necessaries and can recover the money out of the minor’s estate.
According to Section 69, a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it is entitled to be reimbursed by the other.
3) In the case of Bhagavadas Krishnadas v. P.S. Soma Iyer, the purchaser of property allowed the defendants to continue their residence in the building until they found other occupation and there was no indication in the evidence that the plaintiff had done so gratuitously, the plaintiff was entitled to remuneration for use and occupation.
Raunak Vora
(article)
(86 Points)
Replied 08 October 2014
CAclubindia
