NDLI: Board of Trustees of The Port of Bombay Vs. Jai Hind Oil Mills Company and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Goods detained by Customs House at Port Major Port Trusts Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Major Port Trust Act, 1963 (38 of 1963)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Major Port Trusts Act, 1963: Sections 5,48 to 65. Bombay ~ Customs House Public Notice No. 111 dated July 29, 1985; Paragraph 2(a). Goods detained levied by Customs House at Port - Clearance of Demurrage charges levied by Port Trust-Necessity for Court to ensure payment.The Major Port Trusts Act, 1963 empowers by cl.(d) of s.48 the Board of Trustees, constituted under that Act, to impose rates in respect of wharfage, storage or demurrage or goods at the port. Section53 of the Act empowers and Board in special cases to exempt either wholly or partially any goods from payment of any rate or of any charge leviable in respect thereof or remit the whole or any portion of such rate or charge so levied. The Port Trust had in consultation with the Customs authorities provided for grant of concession in the matter of payment of demurrage charges on the issue of detention certificate by the latter. Paragraph 2(a) of the Bombay Customs House Public Notice No. 111 dated 29th July, 1985 provides for a regular detention certificate to be issued where the goods are detained by the Customs House for the bona fide operation of import control formalities. A dispute arose between the 1st respondent and the Customs authorities with regard to the basic customs duty payable on the goods imported by the former. By an interim order passed in a writ petition filed by the respondent, the High Court directed the Customs authorities to allow clearance of the consignments on respondent furnishing a bank guarantee in respect of the disputed amount of duty payable, in favour of the Collector of Customs. The respondent, however, failed to clear the goods from the Port. Since the consignments were incurring demurrage the respondent filed another writ petition seeking a direction to the Customs authorities to issue detention certificates, which was allowed by the Court on the 1st A respondent giving an undertaking that it would pay the demurrage amount if it failed in the earlier writ petition. The Customs authorities were, thus, obliged to issue the detention certificates. The Port Trust was not made party to any of the writ petitions. It refused to honour the detention certificates and to grant remission of demurrage unless the respondent gave a bank guarantee to the extent of 80 per cent of the fees claimed. The High Court, however, by an interim order, in the writ petition filed against the Port Trust, directed the clearance of goods without payment of demurrage and without insisting on the bank guarantee. The appeals filed against the aforesaid orders were summarily dismissed by the High Court in the appeals by special leave, it was contended for the appellant Port Trust, that the High Court should not have directed the Customs authorities to issue detention certificates without the Port Trust being made a party to the writ petition and in any event without passing an order duly providing for the payment of the wharfage and demurrage charges due to the Port Trust in the event of the first respondent failing in its contention, and that the High Court had committed an error in directing the first respondent to give a bank guarantee only in respect of the customs duty payable and not malting a similar order with regard to wharf age and demurrage charges payable to the Port Trust.
Judge	Honble Mr. Justice E.S. Venkataramiah
Neutral Citation	1987 INSC 4
Petitioner	Board Of Trustees Of The Port Of Bombay
Respondent	Jai Hind Oil Mills Company And Others
SCR	[1987] 1 S.C.R. 932
Judgement Date	1987-01-09
Case Number	4483

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Board of Trustees of The Port of Bombay Vs. Jai Hind Oil Mills Company and Others

Please Log-in to view this content

Board of Trustees, Port of Mumbai Vs. Indian Oil Corporation

Maheshwary Handling Agency Private Limited Vs. Board of Trustees of Kandla Port Trust and Others

Om Shankar Biyani Vs. Board of Trustees, Port of Calcutta and Ors.

The Board of Trustees of The Port of Bombay and Ors Vs. M/s Sriyanesh Knitters

Forbes Forbes Campbell & Co. Ltd. Vs. Board of Trustees, Port of Bombay

Luga Bay Shipping Corporation and Anr. Etc. Vs. The Board of Trustees of The Port of Cochin and Anr.

M/s Nkd Maritime Limited Vs. The Board of Trustees of The Port of Mumbai & Ors.

Kailash Ral Vs. Jai Jai Ram & Others

Board of Trustees of The Port of Bombay Vs. Dilipkumar Raghavendranath Nadkarni and Others

Board of Trustees of The Port of Bombay Vs. Jai Hind Oil Mills Company and Others

Board of Trustees of The Port of Bombay Vs. Jai Hind Oil Mills Company and Others

Please Log-in to view this content

Similar Documents

Board of Trustees, Port of Mumbai Vs. Indian Oil Corporation

Maheshwary Handling Agency Private Limited Vs. Board of Trustees of Kandla Port Trust and Others

Om Shankar Biyani Vs. Board of Trustees, Port of Calcutta and Ors.

The Board of Trustees of The Port of Bombay and Ors Vs. M/s Sriyanesh Knitters

Forbes Forbes Campbell & Co. Ltd. Vs. Board of Trustees, Port of Bombay

Luga Bay Shipping Corporation and Anr. Etc. Vs. The Board of Trustees of The Port of Cochin and Anr.

M/s Nkd Maritime Limited Vs. The Board of Trustees of The Port of Mumbai & Ors.

Kailash Ral Vs. Jai Jai Ram & Others

Board of Trustees of The Port of Bombay Vs. Dilipkumar Raghavendranath Nadkarni and Others

Board of Trustees of The Port of Bombay Vs. Jai Hind Oil Mills Company and Others