Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Civil Procedure 1963-Section 120 ·Rule 6 1908 : Order 12 Major Port Trusts Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Major Port Trusts Act, 1963-Section 120: Notice-Non giving of-Held: Giving of notice is a mandatory requirement for filing suit-Suit filed without giving notice is thus not, maintainable-Further, Suit filed on expiry of six months of accrual of cause of action is also barred by time. There are two requirements in the Section and both the requirements have to be read conjunctively and not alternatively-The suit has to be filed within six months of accrual of cause of action and to be preceded by one month's notice-The word 'or' occurs between two clauses if read alternatively would defeat the very object and intention and lead to absurdity. Shorter period of limitation provided for filing suit-Constitutionality of-Held: Statute is founded on public policy that an unlimited and perpetual threat of litigation leads to disorder and confusion and creates insecurity and uncertainty-Therefore legislature has sought to balance the public interest in providing limitation on the one hand and at the same time not to unreasonably restrict the right of a party to initiate proceedings on the other-Once a suit is filed the object of limitation as a statute repose is satisfied in as much as the opponent party knows what he has to defend Interpretation of statutes-Provisions of special Act to prevail over the general Act. limitation prescribed for filing suit against Port authorities-No limitation prescribed for suit by Port authorities-Reasonableness of classification-Challenge to-Held: legislative in its wisdom can make separate provision within which a suit must be filed by the individual from that within which a suit can be filed by a statutory body. Shorter period provided under, for suits against Board of Trustees whereas suits against Government can be filed within normal period of limitation-Held: Section 120 not violative of Article 14 on that ground as there is rational basis for such differentiation. Limitation-A statute is not dealing with the limitation in general and which prescribes period of limitation different from the one in the Indian Limitation Act, 1963 cannot be said to be violative of Articles 14 and 19(1)(f) of Constitution of India, 1950. Limitation Act, 1963-Section 3-Waiver of limitation-Held: If a suit is ex-facie barred by the Law of Limitation, a Court has no choice but to dismiss the same even if the defendant intentionally has not raised the plea of limitation. Code of Civil Procedure, 1908 : Order 12, Rule 6-Decree of admissions-Respondent disputing the claim as time barred but admitting part of claim-Trial court passing decree on admission-Correctness of-Held: Suit having been partly decreed on admission could not be subsequently dismissed on the ground of limitation for the remaining amount. Waiver-Plea not raised before trial court-Question of waiver taken for the first time at the argument stage before the High Court-Permissibility of-Held: Question of waiver is not a pure question of law hence could not be permitted to be raised at any stage of proceedings. Respondent Board had provided a Mechanised Ore Handling Plant (MOPH) for facility of iron ore exporters at Goa Port and fixed certain rates for proper utilization. It was also levying surcharge and granting rebates. The respondent by its letter dated 6.4.1984 informed the appellant that they had become eligible to receive the rebate of Rs.7,09,835 @ Re. 1 per tonne for having turned over the plot allotted to it 6.39 times. The appellant by their letter 12.4.1984 set out various arguments to justify the ground for full rebate and requested for the refund of the entire sum of Rs.62,46,584.10. In reply thereto, the respondent Board by its letter dated 16.06.1984 declined the request of the appellant contained in its, letter dated 12.04.1984. The appellant filed suit on 11.6.86. Respondents admitted part of the claim. However, it contended that suit was barred by time under Section 120 of Major Port Trust Act, 1963 which prescribes a period of six months from the date of arising of cause of action. Appellant claimed that when normal period of limitation under Limitation Act is 3 years, prescribing shorter period under Ports Act is unconstitutional. It also asked for decree under Order 12, Rule 6 CPC of the admitted claim. The Trial Court passed a decree on admission with regard to the sum of Rs. 7,09,835. The main suit was dismissed by the District Judge as being barred by time and not maintainable for want of notice. High Court upheld the order of trial court Hence the present appeal. |
Judge | Hon'ble Mr. Justice Ashok Bhan |
Neutral Citation | 2005 INSC 172 |
Petitioner | V.m. Salgaocar And Bros. |
Respondent | Board Of Trustees Of Port Of Mormugao And Anr |
SCR | [2005] 3 S.C.R. 27 |
Judgement Date | 2005-03-31 |
Case Number | 4662 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
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 |