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november 1996

Supreme Court of India · 1996-11-22

LUGA BAY SHIPPING CORPORATION vs THE B.O.T. OF THE PORT OF COCHIN

Citation / case number
SC 1994/75602
Court
Supreme Court of India
Petitioner
LUGA BAY SHIPPING CORPORATION
Respondent
THE B.O.T. OF THE PORT OF COCHIN
Author
Ahmadi
Bench
S.C. AGRAWAL,SUJATA V. MANOHAR,CJI

Judgment text excerpt

The Supreme Court addressed whether the Cochin Port Trust could demand an unconditional cash deposit from the ship owner under the Major Port Trusts Act, 1963, and the Indian Ports Act, 1908. The Court held that the Port Trust is entitled to demand such a deposit to secure the amount of damage caused to its property, as per the provisions of Section 116 of the Major Port Trusts Act. The judgment affirmed the High Court's decision, allowing the Port Trust to enforce the demand for the cash deposit.

LUGA BAY SHIPPING CORPORATION vs THE B.O.T. OF THE PORT OF COCHIN · Niyam