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september 2006

Supreme Court of India · 2006-09-29

EVEREST INDUSTRIES LTD. vs BOARD OF TRUSTEESFORPORT OF CALCUTTA&ORS

Citation / case number
SC 2005/10647
Court
Supreme Court of India
Petitioner
EVEREST INDUSTRIES LTD.
Respondent
BOARD OF TRUSTEESFORPORT OF CALCUTTA&ORS
Bench
S.B. SINHA & DALVEER BHANDARI

Judgment text excerpt

The Supreme Court addressed the validity of a notification issued under Section 56 of the Major Port Trusts Act, 1963, which significantly increased the rent for leased properties. The Court held that the drastic increase in rent, exceeding 5200%, was arbitrary and violative of Article 14 of the Constitution of India. The Court ruled that the notification was ultra vires the provisions of the Act, emphasizing the need for a fresh lease in accordance with the original lease conditions as the lease period had expired.

EVEREST INDUSTRIES LTD. vs BOARD OF TRUSTEESFORPORT OF CALCUTTA&ORS · Niyam