Indian Contract Act Section 72 — Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

CHAPTER V OF CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Commercial / Corporate

Summary

A person who receives money or any item that was given to them by mistake or under coercion is legally required to give it back. This applies whether the payment or delivery was made because of an error or because the giver was forced into it. The obligation is on the receiver to repay the money or return the thing, without any further conditions stated here.

Official Text

A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. Illustrations

Related Judgments

  • MAHABIR KISHORE & ORS. vs STATE OF MADHYA PRADESH — Supreme Court of India (1989)
  • Bharatiya Bhavan Co-operative Housing; Society Limited & Anr. vs Smt. Krishna H. Bajaj & Ors — Bombay High Court (Mumbai Principal Seat) (2010)
  • METRO EXPORTERS PVT. LTD. AND ANOTHER vs STATE BANK OF INDIA & ORS — Supreme Court of India (2014)
  • MAFATLAL INDUSTRIES LTD. ETC. ETC. vs UNION OF INDIA ETC. ETC — Supreme Court of India (1996)
  • COMMISSIONER OF SALES TAX, U.P. vs AURIAYA CHAMBER OF COMMERCE, ALLAHABAD — Supreme Court of India (1986)
  • JAMMU & KASHMIR BANK LTD. vs ATTAR-UL-NISSA & OTHERS — Supreme Court of India (1966)