1937 (1) TMI 11

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....and-owner and who also does considerable money-lending business. He sued the Municipal Council for refund of payment of profession tax for the periods 1926 to 1930. 2. Before us, the only point for decision, which goes to the root of the whole matter, is this. It is contended by the earned Counsel for the Municipality that this suit does not lie because the payments sought to be recovered were ....

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....is perfectly clear to us that these payments were voluntary in the sense that word is understood in a matter of this sort and that so far from showing that they were made under protest the very circumstances set out by the learned Judge emphasise that they were voluntary payments. It is quite clear that the respondent preferred the procedure provided by the Act by way of appeal and however dissati....

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....wlat, J., dealt with the question of voluntary payments. Dealing with the question of compulsion Lord Reading, C. J:, at page 118 says: If a person pays money, which he is not bound to pay, under the compulsion of urgent and pressing necessity or of seizure, actual or threatened, of his goods he can recover it as money had and received. 3. It will be observed that the compulsion is of urgent....