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february 2002

Supreme Court of India · 2002-02-22

OM SHANKAR BIYANI vs BOARD OF TRUSTEES,PORT OF CALCUTTA

Citation / case number
SC 2000/17929
Court
Supreme Court of India
Petitioner
OM SHANKAR BIYANI
Respondent
BOARD OF TRUSTEES,PORT OF CALCUTTA
Author
S.N. VARIAVA SYED SHAH MOHAMMED QUADRI
Bench
S.N. VARIAVA SYED SHAH MOHAMMED QUADRI

Judgment text excerpt

The Supreme Court held that under Section 58 of the Major Port Trusts Act, port charges must be paid before the removal of goods from the port premises. The Court found that the High Court erred in allowing the Appellant to remove goods without settling these charges, emphasizing that the obligation to pay was undisputed. Consequently, the Supreme Court set aside the High Court's order permitting removal without payment, reinforcing the statutory requirement for payment prior to removal.

OM SHANKAR BIYANI vs BOARD OF TRUSTEES,PORT OF CALCUTTA · Niyam