Comprehension
If a tax is ultra vires or unconstitutional then the party is entitled to have a refund of it from the government whether it has been paid under protest or not. This Court has held that the payment of tax which is without authority of law is payment made under a mistake within the meaning of Section 72 of the Indian Contract Act. Then, in such a case, question would arise, whether the government to whom the payment had been made by mistake must repay it.
Thus, the principle of restitution or repayment of the tax simpliciter has been considered in light of the doctrine of unlawful enrichment. The doctrine envisages that when the State collects a tax from the tax-payer without authority of law, but if the taxpayer has already passed on the burden of the tax money paid by him to the State to someone else and has recouped the money then the taxpayer is not entitled to ask for the restitution from the State the money paid by him as unauthorized tax. In such circumstances, the State cannot be asked to refund the tax money to the taxpayer on the principle of unlawful enrichment.
Thus, the principle of restitution or repayment of the tax simpliciter has been considered in light of the doctrine of unlawful enrichment. The doctrine envisages that when the State collects a tax from the tax-payer without authority of law, but if the taxpayer has already passed on the burden of the tax money paid by him to the State to someone else and has recouped the money then the taxpayer is not entitled to ask for the restitution from the State the money paid by him as unauthorized tax. In such circumstances, the State cannot be asked to refund the tax money to the taxpayer on the principle of unlawful enrichment.
Question: 1
Doctrine of Unjust Enrichment implies:
Doctrine of Unjust Enrichment implies:
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Unjust enrichment involves both wrongful gain and the duty to restore it.
Updated On: Aug 17, 2025
- Obtaining benefit from another (which is not a gift) without legal justification
- Restoration of the benefits obtained without legal justification
- Neither (A) nor (B)
- Both (A) and (B)
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The Correct Option is D
Solution and Explanation
Step 1: Meaning of Unjust Enrichment.
Unjust enrichment is a legal principle where a person benefits at another's expense without a legal reason, and the law imposes an obligation to return the benefit.
Step 2: Elements.
- (A) refers to the wrongful receipt of benefit.
- (B) refers to the restoration (restitution) of that benefit to the rightful party.
Since both are inherent to the doctrine, (D) is correct. \[ \boxed{Answer: D} \]
Unjust enrichment is a legal principle where a person benefits at another's expense without a legal reason, and the law imposes an obligation to return the benefit.
Step 2: Elements.
- (A) refers to the wrongful receipt of benefit.
- (B) refers to the restoration (restitution) of that benefit to the rightful party.
Since both are inherent to the doctrine, (D) is correct. \[ \boxed{Answer: D} \]
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Question: 2
Doctrine of Unjust Enrichment is applicable to:
Doctrine of Unjust Enrichment is applicable to:
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Unjust enrichment spans both private contractual disputes and public tax matters.
Updated On: Aug 17, 2025
- Contractual Matters
- Tax Matters
- Both (A) and (B)
- None of these
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The Correct Option is C
Solution and Explanation
Step 1: Scope of the doctrine.
Unjust enrichment is a broad principle applicable in private law (e.g., contracts) and public law (e.g., taxes collected without authority).
Step 2: Judicial application.
Courts have applied it to tax refunds when the collection lacked legal authority and to contractual restitution claims. \[ \boxed{Answer: C} \]
Unjust enrichment is a broad principle applicable in private law (e.g., contracts) and public law (e.g., taxes collected without authority).
Step 2: Judicial application.
Courts have applied it to tax refunds when the collection lacked legal authority and to contractual restitution claims. \[ \boxed{Answer: C} \]
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Question: 3
A business entity can claim refund of tax on the ground of unjust enrichment in which of the following cases?
A business entity can claim refund of tax on the ground of unjust enrichment in which of the following cases?
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In unjust enrichment claims for tax refunds, key factor = burden of tax must not be passed to consumers.
Updated On: Aug 17, 2025
- When the tax has been levied without the authority of law and the burden of tax is borne by the business entity.
- When the tax has been levied without the authority of law and the burden of tax has been passed on to the consumer.
- When levy of tax is under the authority of law and the business entity has not passed the burden to the consumer.
- Both (A) and (C)
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The Correct Option is D
Solution and Explanation
Step 1: Principle in tax context.
Refund on unjust enrichment requires proving that:
1. The tax was not authorised by law OR was otherwise refundable; and 2. The burden was not passed on to the consumer.
Step 2: Application to options.
- (A) applies where the tax was without authority and borne by the business.
- (C) applies where tax was lawful but refundable and burden was not passed to consumer.
- (B) fails because passing burden to consumers negates unjust enrichment claim.
\[ \boxed{Answer: D} \]
Refund on unjust enrichment requires proving that:
1. The tax was not authorised by law OR was otherwise refundable; and 2. The burden was not passed on to the consumer.
Step 2: Application to options.
- (A) applies where the tax was without authority and borne by the business.
- (C) applies where tax was lawful but refundable and burden was not passed to consumer.
- (B) fails because passing burden to consumers negates unjust enrichment claim.
\[ \boxed{Answer: D} \]
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Question: 4
When can tax be declared as unconstitutional?
When can tax be declared as unconstitutional?
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Art. 265 + Legislative competence = twin pillars for tax validity; breach either → unconstitutional.
Updated On: Aug 17, 2025
- If tax has been levied without the authority of law.
- If the legislature does not have legislative competence to levy that tax.
- Both (A) and (B)
- When the assessment of tax by assessing officer is contrary to facts and evidence on record.
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The Correct Option is C
Solution and Explanation
Step 1: Constitutional provisions.
Article 265 of the Constitution states: “No tax shall be levied or collected except by authority of law.” A tax levied without such authority is unconstitutional.
Step 2: Legislative competence.
If a legislature enacts a tax outside its jurisdiction under the Seventh Schedule, it is void for lack of competence.
Step 3: Application.
Both scenarios — absence of legal authority or lack of legislative competence — render the tax unconstitutional. \[ \boxed{Answer: C} \]
Article 265 of the Constitution states: “No tax shall be levied or collected except by authority of law.” A tax levied without such authority is unconstitutional.
Step 2: Legislative competence.
If a legislature enacts a tax outside its jurisdiction under the Seventh Schedule, it is void for lack of competence.
Step 3: Application.
Both scenarios — absence of legal authority or lack of legislative competence — render the tax unconstitutional. \[ \boxed{Answer: C} \]
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Question: 5
In which of the following cases, challenge to constitutionality of the Goods and Service Tax (Compensation to States) Act, 2017 on the ground of lack of legislative competence was rejected?
In which of the following cases, challenge to constitutionality of the Goods and Service Tax (Compensation to States) Act, 2017 on the ground of lack of legislative competence was rejected?
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When analysing constitutionality challenges, always check both subject matter competence and procedural validity.
Updated On: Aug 17, 2025
- Union of India v. Mohit Minerals Pvt. Ltd. (2019) 2 SCC 599.
- Sudhir Kumar Atrey v. Union of India (2022) 1 SCC 352.
- Hindustan Construction Co. Limited v. Union of India (2020) 17 SCC 324.
- Union of India v. A. Shainamol 2021 SCC OnLine SC 262.
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The Correct Option is B
Solution and Explanation
Step 1: Case background.
In Sudhir Kumar Atrey, the Supreme Court upheld the constitutionality of the GST (Compensation to States) Act, 2017, rejecting the contention of lack of legislative competence.
Step 2: Court’s reasoning.
The Court found that the Act fell within the legislative powers under the Constitution and was validly enacted to compensate States for revenue loss post-GST.
Step 3: Elimination.
Other listed cases dealt with different statutory provisions or grounds unrelated to this specific challenge. \[ \boxed{Answer: B} \]
In Sudhir Kumar Atrey, the Supreme Court upheld the constitutionality of the GST (Compensation to States) Act, 2017, rejecting the contention of lack of legislative competence.
Step 2: Court’s reasoning.
The Court found that the Act fell within the legislative powers under the Constitution and was validly enacted to compensate States for revenue loss post-GST.
Step 3: Elimination.
Other listed cases dealt with different statutory provisions or grounds unrelated to this specific challenge. \[ \boxed{Answer: B} \]
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Question: 6
Additional tax, in the form of tax on tax, for a specified purpose is called:
Additional tax, in the form of tax on tax, for a specified purpose is called:
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Cess = additional levy for a specific purpose; collected like a tax but earmarked for designated use.
Updated On: Aug 17, 2025
- Cess
- Fee
- Tax
- None of the above
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The Correct Option is A
Solution and Explanation
Step 1: Definition of cess.
A cess is a form of tax levied over and above the base tax rate, earmarked for a specific purpose (e.g., education cess, health cess).
Step 2: Distinction from fee and tax.
Unlike a general tax, cess revenue is earmarked; unlike a fee, it is not linked to direct services rendered. \[ \boxed{Answer: A} \]
A cess is a form of tax levied over and above the base tax rate, earmarked for a specific purpose (e.g., education cess, health cess).
Step 2: Distinction from fee and tax.
Unlike a general tax, cess revenue is earmarked; unlike a fee, it is not linked to direct services rendered. \[ \boxed{Answer: A} \]
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Questions Asked in CLAT PG exam
- The Hon’ble Supreme Court in the case of ‘Nil Ratan Kundu and another v. Abhijit Kundu’ 2008(3) Apex Court Judgements 232 (SC), while granting the custody to the maternal grandparents observed: In our judgement, the law relating to custody of a child is fairly well settled and it is this. In deciding a difficult and complex question as to custody of minor, a Court of law should keep in mind relevant statutes and the rights flowing therefrom. But such cases cannot be decided solely by interpreting legal provisions. It is a humane problem in live in relationship and is required to be solved with human touch. A Court while dealing with custody cases, is neither bound by statutes nor by strict rules of evidence or procedure nor by precedents. In selecting proper guardian of a minor, the paramount consideration should be the welfare and well-being of the child. In selecting a guardian, the Court is exercising parens patriae jurisdiction and is expected, may bound, to give due weight to a child’s ordinary comfort, contentment, health, education, intellectual development and favorable surroundings. But over and above physical comforts, moral and ethical values cannot be ignored. They are equally, or we may say, even more important, essential and indispensable consideration. If the minor is old enough to form an intelligent preference or judgement, the Court must consider such preference as well, though the final decision should rest with the Court as to what is conducive to the welfare of the minor.
The Hon’ble Supreme Court in the case of ‘Gaurav Nagpal v. Semedha Nagpal’-(2009)1 SCC 42, while giving paramount importance to the welfare of the child, which should include moral and ethical values, besides ethical well-being, observed as under:
When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look at the issue on legalistic basis, in such matters human angles are relevant for deciding those issues. The Court then does not give emphasis on what the parties say, it has to exercise a jurisdiction which is aimed at the welfare of the minor. As observed recently in Mausami Moitra Ganguli case, the Court has to give due weightage to the child’s ordinary contentment, health, education, intellectual development and favorable surroundings, but over and above physical comforts, the moral and ethical values have also to be noted. They are equal if not more important than the others.
(Extracts from Jaswinder Singh and Another vs Surjit Singh, AIR 2010 (NOC) 425 (P. & H.))- CLAT PG - 2025
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- The Companies Act, 2013 does not deal with insolvency and bankruptcy when the companies are unable to pay their debts or the aspects relating to the revival and rehabilitation of the companies and their winding up if revival and rehabilitation is not possible. In principle, it cannot be doubted that the cases of revival or winding up of the company on the ground of insolvency and inability to pay debts are different from cases where companies are wound up under Section 271 of the Companies Act, 2013. The two situations are not identical. Under Section 271 of the Companies Act, 2013, even a running and financially sound company can also be wound up for the reasons in clauses (a) to (e). The reasons and grounds for winding up under Section 271 of the Companies Act, 2013 are vastly different from the reasons and grounds for the revival and rehabilitation scheme as envisaged under the IBC. The two enactments deal with two distinct situations and in our opinion, they cannot be equated when we examine whether there is discrimination or violation of Article 14 of the Constitution of India. For the revival and rehabilitation of the companies, certain sacrifices are required from all quarters, including the workmen. In case of insolvent companies, for the sake of survival and regeneration, everyone, including the secured creditors and the Central and State Government, are required to make sacrifices. The workmen also have a stake and benefit from the revival of the company, and therefore unless it is found that the sacrifices envisaged for the workmen, which certainly form a separate class, are onerous and burdensome so as to be manifestly unjust and arbitrary, we will not set aside the legislation,solely on the ground that some or marginal sacrifice is to be made by the workers. We would also reject the argument that to find out whether there was a violation of Article 14 of the Constitution of India or whether the right to life under Article 21 Constitution of India was infringed, we must word by word examine the waterfall mechanism envisaged under the Companies Act, 2013, where the company is wound up in terms of grounds (a) to (e) of Section 271 of the Companies Act, 2013; and the rights of the workmen when the insolvent company is sought to be revived, rehabilitated or wound up under the Code. The grounds and situations in the context of the objective and purpose of the two enactments are entirely different.
(Extracted, with edits and revision, from the judgement in Moser Baer Karamchari Union Thr. President Mahesh Chand Sharma v. Union of India and Ors, 2023 SCC Online SC 547)- CLAT PG - 2025
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- Ahmadi, J. (as he then was) speaking for himself and Punchhi, J., endorsed the recommendations in the following words-The time is ripe for taking stock of the working of the various Tribunals set up in the country after the insertion of Articles 323-A and 323-B in the Constitution. After the incorporation of these two articles, Acts have been enacted where-under tribunals have been constituted for dispensation of justice. Sufficient time has passed, and experience gained in these last few years for taking stock of the situation with a view to finding out if they have served the purpose and objectives for which they were constituted. Complaints have been heard in regard to the functioning of other tribunals as well and it is time that a body like the Law Commission of India has a comprehensive look-in with a view to suggesting measures for their improved functioning. That body can also suggest changes in the different statutes and evolve a model on the basis whereof tribunals may be constituted or reconstituted with a view to ensuring greater independence. An intensive and extensive study needs to be undertaken by the Law Commission in regard to the Constitution of tribunals under various statutes with a view to ensuring their independence so that the public confidence in such tribunals may increase and the quality of their performance may improve.
Before parting with the case, it is necessary to express our anguish over the ineffectiveness of the alternative mechanism devised for judicial review. The judicial review and remedy are the fundamental rights of the citizens. The dispensation of justice by the tribunal is much to be desired.
(Extracted with Edits from R.K. Jain v. Union of India, 1993 (4) SCC 119)- CLAT PG - 2025
- Constitutional Laws
- The elements of tort of negligence consist in – (a) duty of care; (b) duty is owed to the plaintiff; (c) the duty has been carelessly breached. Negligence does not entail liability unless the exacts a duty in the given circumstances to observe care. Duty is an obligation recognised by law to avoid conduct fraught with unreasonable risk of damage to others. The question whether duty exists in a particular situation involves determination of law. Hence, three ingredients are necessary for the existence of a duty of care: (i) foreseeability of the damage, (ii) proximity of relationship between the parties; and (iii) whether it is “just, fair and reasonable” that the law should impose a duty of care. In Caparo Industries Plc. v. Dickman, 1990 2AC 605, the court held that breach of duty is concerned with the standard of care that ought to have been adopted in the circumstances and whether the defendant’s conduct fell below that standard i.e., whether he was careless.
The court while quoting Rajkot Municipal Corporation v. Manjulben Jayantilal Nakum, 1997 stated that as a tort, negligence consists of legal duty to take care and breach of that duty. Duty determines whether the type of loss suffered by the plaintiff in the particular way in which to occurred can ever be actionable. The division of negligence into duty, breach and consequent damage is convenient for the purpose of exposition but it can be confusing because the issues will often overlap. The process of determining a breach of duty involves three steps: First, it is necessary to ascertain the qualities of the reasonable person, given the qualities attributed to him, would have taken in the circumstances. The factors that are permissible to take into account in this regard are prescribed by law, but the amount of care that the reasonable person would have taken is a question of fact. Thirdly, it must be determined whether the defendant took less care than the reasonable person would have taken.
(Extracts from Managing Director, Kerala Tourism Development Corporation Limited v. Deepti Singh and Ors., 2019 SC)- CLAT PG - 2025
- Law of Torts
- Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality.
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)- CLAT PG - 2025
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