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march 1973

Supreme Court of India · 1973-03-30

UNION OF INDIA vs M/S. MODI INDUSTRIES LTD.

Citation / case number
SC 1967/316
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
M/S. MODI INDUSTRIES LTD.
Bench
GROVER, A.N.

Judgment text excerpt

The Supreme Court held that under Sections 26 and 41 of the Indian Railways Act, 1890, a complaint regarding past dues cannot be made before the Railway Rates Tribunal, and the civil court is not barred from adjudicating the reasonableness of charges. The Court found that the respondent's grievance pertained only to the amount demanded prior to the revised rates effective April 1, 1956, and thus the civil court had jurisdiction to determine the matter. The appeal by the Union of India was dismissed, affirming the lower courts' decisions.

UNION OF INDIA vs M/S. MODI INDUSTRIES LTD. · Niyam