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march 1958

Supreme Court of India · 1958-03-24

RAIGARH JUTE MILLS LTD. vs EASTERN RAILWAY AND ANOTHER

Citation / case number
SC 1954/90263
Court
Supreme Court of India
Petitioner
RAIGARH JUTE MILLS LTD.
Respondent
EASTERN RAILWAY AND ANOTHER
Bench
DAS, SUDHI RANJAN (CJ),AIYYAR, T.L. VENKATARAMA,DAS, S.K.,GAJENDRAGADKAR, P.B.,BOSE, VIVIAN

Judgment text excerpt

The Supreme Court held that under Section 28 of the Indian Railways Act, 1890, a complaint of undue preference requires proof of competition between the goods of the complainant and those of the competitor. The appellant's claim that the railway administration offered special rates to Kanpur mills, resulting in unreasonable freight charges, was dismissed as no competition was established. The Court emphasized that the reasonableness of freight charges must consider the railway's working costs, not the appellant's geographical location or production costs.

RAIGARH JUTE MILLS LTD. vs EASTERN RAILWAY AND ANOTHER · Niyam