https://www.taxtmi.com/caselaws?id=199883 Section 65 of the Indian Contract Act, 1872 does not provide restitution where a mining lease is void ab initio for contravening the Mines and Minerals (Regulation and Development) Act, 1948 and the Mineral Concession Rules, 1949. Because the lessee lacked the required certificate of approval and the lease included a prohibited premium, the arrangement was unlawful from inception. Sections 70 and 72 also offered no relief, as the payment was neither lawful nor shown to have been made under mistake or coercion. The party seeking refund was engaged in mining business and had legal advice, so it could not claim ignorance of the illegality. en-us Mon, 12 Aug 1974 00:00:00 +0530 Wed, 14 Mar 2018 15:57:33 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=199883 Section 65 of the Indian Contract Act, 1872 does not provide restitution where a mining lease is void ab initio for contravening the Mines and Minerals (Regulation and Development) Act, 1948 and the Mineral Concession Rules, 1949. Because the lessee lacked the required certificate of approval and the lease included a prohibited premium, the arrangement was unlawful from inception. Sections 70 and 72 also offered no relief, as the payment was neither lawful nor shown to have been made under mistake or coercion. The party seeking refund was engaged in mining business and had legal advice, so it could not claim ignorance of the illegality. Case-Laws Indian Laws Mon, 12 Aug 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=199883