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.