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january 1995

Supreme Court of India · 1995-01-02

BIRLA CEMENT WORKS vs G.M., WESTERN RAILWAYS

Citation / case number
SC 1994/18709
Court
Supreme Court of India
Petitioner
BIRLA CEMENT WORKS
Respondent
G.M., WESTERN RAILWAYS
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court upheld the dismissal of the petitioner's claim for refund of excess freight charges under Section 78-B of the Indian Railway Act, 1890, stating that the claim was barred by limitation as it was not filed within six months of the delivery of goods. The Court clarified that Section 17(1)(c) of the Limitation Act, 1963 does not apply to claims made before the Railway Claims Tribunal, which is not a civil court. Consequently, the Tribunal and High Court's decisions were affirmed, and the Special Leave Petitions were dismissed.

BIRLA CEMENT WORKS vs G.M., WESTERN RAILWAYS · Niyam