Supreme Court of India · 1963-10-21
RAICHAND AMULAKH SHAH vs UNION OF INDIA
- Citation / case number
- SC 1959/213
- Court
- Supreme Court of India
- Petitioner
- RAICHAND AMULAKH SHAH
- Respondent
- UNION OF INDIA
- Bench
- GAJENDRAGADKAR, P.B.,SUBBARAO, K.,WANCHOO, K.N.,AYYANGAR, N. RAJAGOPALA,MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that Section 26 of the Indian Railways Act, 1890 does not bar a suit for the refund of wharfage and demurrage charges collected in excess. The Court clarified that the bar is limited and requires the railway administration to have acted in contravention of Chapter V of the Act, which does not provide a remedy for excess charges. Therefore, the appeals were accepted, allowing the suits to proceed in Civil Court for the recovery of excess charges.