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february 1974

Supreme Court of India · 1974-02-15

TRUSTEES OF PORT OF BOMBAY vs THE PREMIER AUTOMOBILES LTD. AND ANOTHER

Citation / case number
SC 1972/60314
Court
Supreme Court of India
Petitioner
TRUSTEES OF PORT OF BOMBAY
Respondent
THE PREMIER AUTOMOBILES LTD. AND ANOTHER
Bench
KRISHNAIYER, V.R.

Judgment text excerpt

The Supreme Court held that Section 87 of the Bombay Port Trust Act, 1879 mandates a one-month notice period before initiating a suit, which must be filed within six months from the cause of action's accrual. The Court established that both acts and omissions in the performance of official duties fall under this statute, and the limitation period begins when the consignee is aware of the goods' landing. The appeal was allowed, overturning the High Court's decision in favor of the plaintiff, as the suit was barred by limitation.

TRUSTEES OF PORT OF BOMBAY vs THE PREMIER AUTOMOBILES LTD. AND ANOTHER · Niyam