Supreme Court of India · 2005-03-31
V.M. Salgaocar & Bros vs Board Of Trustees Of Port Of Mormugao & ...
- Court
- Supreme Court of India
- Petitioner
- V.M. Salgaocar & Bros
- Respondent
- Board Of Trustees Of Port Of Mormugao & ...
- Bench
- Ashok Bhan, A.K. Mathur
Judgment text excerpt
The Supreme Court upheld the High Court's decision affirming the dismissal of the appellant's suit for lack of notice under Section 120 of the Major Port Trust Act, 1963, and for being barred by limitation. The Court ruled that the surcharge imposed by the Board of Trustees for handling iron ore was valid and within the Board's jurisdiction, as it was justified by the need for proper utilization of port facilities. The Court referenced the precedent set in M/s. V.S. Dempo & Co. Pvt. Ltd. Vs. Board of Trustees, reinforcing the legality of the surcharge under Section 48 of the Act.