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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
SC 1989/69266
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
E.I.D. PARRY (INDIA) LTD.
Author
SAGHIR AHMAD
Bench
S.SAGHIR AHMAD D.P.WADHWA

Judgment text excerpt

The Supreme Court held that the High Court erred in declaring the Goods Tariff Rule as ultra vires the Railways Act, 1890, as this issue was not part of the pleadings and thus could not be decided. The Court emphasized that the trial court's decree for demurrage charges was valid since the entire group of wagons was treated as one unit under the applicable rules. Consequently, the judgment of the High Court was set aside, and the trial court's decree was restored.

UNION OF INDIA vs E.I.D. PARRY (INDIA) LTD. · Niyam