Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Limitation Act 1963-S. 17( l)(c)--lndian Railways Act 1890-S.78-B |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Limitation Act, 1963-S. 17( l)(c)--lndian Railways Act, 1890-S.78-B: Limitation for claiming refund of over charges or excess payment-Claim for refund of over charge or excess payment under section 78-B of Indian Railways Act beyond six months would fall within the meaning of Section 78-B of the Act and claim barred by operation of the Proviso of Section 78-B. 17(1)(c) of Limitation Act-No applicationThe petitioner is a manufacturer of cement in Rajasthan. Petitioner got the cement transported through meter gauge from the railway siding at Chandina prior to 3.9.1989. After conversion of meter guage into broad guage additional 34 kilometers distance was added to levy freight charges. Thereafter various consignments booked by the appellant and transported the cement to diverse destination and paid the freight charges between May-June 1989 and March 1990.A notice was sent to the Western Railway by the appellant under section 78-B of the Indian Railways Act, 1890 claiming refund of different accounts. On its rejection a claim under section 16 of the Act made before the Railway Claims Tribunal. The principal contention raised by the petitioner was that it had discovered the mistake when the railway authorities have confirmed by their letter dt. 12.10.1990 informing that they have committed mistake in charging excess freight charges on wrong calculation of distance. It was therefore claimed that the limitation starts running from the date of discovery of mistake and therefore stood excluded by operation of Section 17(1)(c) of the Limitation Act, 1963 in this case.The Railway Tribunal dismissed the petition holding as being barred under section 78-B of the Indian Railways Act, 1890. Appeal to Single Judge of the High Court was dismissed. On further appeal, the Division Bench confirmed the same. Hence this Appeal. |
Judge | N/A |
Neutral Citation | 1995 INSC 2 |
Petitioner | Birla Cement Works |
Respondent | G.m. Western Railway And Anr. |
SCR | [1995] 1 S.C.R. 5 |
Judgement Date | 1995-01-02 |
Case Number | 21448 |
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