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february 2000

Supreme Court of India · 2000-02-01

Union Of India vs E.I.D. Parry (India) Ltd

Citation / case number
AIR 2000 SUPREME COURT 831
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
E.I.D. Parry (India) Ltd
Author
S.Saghir Ahmad
Bench
D.P.Wadhwa, S.Saghir Ahmad

Judgment text excerpt

The Supreme Court held that the High Court erred in declaring the Goods Tariff Rule ultra vires the Railways Act, 1890, as the validity of the Rule was not part of the pleadings in the original suit. The Court emphasized that issues not raised by the parties cannot be adjudicated upon by the court. Consequently, the High Court's judgment was set aside, and the trial court's decree for demurrage charges was reinstated, affirming the right of the Railway Administration to levy demurrage for all ten wagons as per the applicable tariff rules.

Union Of India vs E.I.D. Parry (India) Ltd · Niyam