Restitution - Indian Laws - General

Meaning of term Restitution In law, the term restitution is used in three senses : (i) return or restoration of some specific thing to its rightful owner or status; (ii) compensation for benefits derived from a wrong done to another; and (iii) compensation or reparation for the loss caused to another. (See Black s Law Dictionary, 7th Edn., p. 1315). The Law of Contracts by John D. Calamari Joseph M. Perillo has been quoted by Black to say that restitution is an ambiguous term, sometimes referring to the disgorging of something which has been taken and at times referring to compensation for the injury done: Often, the result under either meaning of the term would be the same. Unjust impoverishment, as well as unjust enrichment, is a ground for restitution. If the defendant is guilty of a non-tortious misrepresentation, the measure of recovery is not rigid but, as in other cases of restitution, such factors as relative fault, the agreedupon risks, and the fairness of alternative risk allocations not agreed upon and not attributable to the fault of either party need to be weighed. South Eastern Coalfields Ltd. v. State of M.P., - 2003 (10) TMI 638 - SUPREME COURT American Jurisprudence 2d. Volume 66 Am Jur 2d defined Restitution as follows: The word `restitution was used in the earlier common law to denote the return or restoration of a specific thing or condition. In modern legal usage, its meaning has frequently been extended to include not only the restoration or giving back of something to its rightful owner, but also compensation, reimbursement, indemnification, or reparation for benefits derived from, or for loss or injury caused to, another. As a general principle, the obligation to do justice rests upon all persons, natural and artificial; if one obtains the money or property of others without authority, the law , independently of express contract, will compel restitution or compensation. INDIAN COUNCIL FOR ENVIRO-LEGAL ACTION VERSUS UNION OF INDIA OTHERS - 2011 (7) TMI 1109 - SUPREME COURT