Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Bailment: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Bailment: Consignments (78 in numbers) shipped on cash against documents basis - Received at Bombay Port - Consignees filed C bills of entry only in respect of 37 consignments, but failed to lift the consignments - Consignments stored at the Port - Exporter/ Consignor sold the consigned goods to the petitioner - Petitioner applied to Customs Authorities to file Bills of Entry for 41 consignments and to substitute Bills of Entry in respect 37 consignments - Customs authority issued detention certificate specifically mentioning that detention was for "bonafide operation of ITC formalities" - Notification of "Statement. of guideline~ for Permission of Demurrage Charges", 1992 whereby in cases where goods/consignments detained by Customs for 'ITC facilities' were to be considered for grant of remission from payment of demurrage for the period the goods were being so processed by Customs Authorities - Levy of demurrage charges giving remission of certain amount from the demurrage charge - Whether the appellant was liable to pay demurrage charges for the period anterior to his acquisition of title to the goods and whether the appellant was entitled to complete remission of the demurrage charges on account of delayed clearance for the goods by the Customs Department - Held: The right of Board of Trustee to recover its dues (either from the steamer agent or the consignee) flows from s.158 of Contract Act r/w. s.1 of Bills of lading Act and from s.59(1) of the Major Port Trusts Act, 1963 - Enquiry into the title of the goods and the point of time at which the title passes to the consignee is irrelevant for determining the authority of the Board to recover its dues - The question as to who would be liable to pay the dues would depend on the nature of relationship between the consignor and consignee In the present case, the Board was sub-bailee of the goods bailed by consignor (bailor) to the ship-owner (bailee) through the agent (steamer agent) of the bailee - Appellant is only claiming through the bailor without any contractual relationship with the Board - Therefore, the Board would be entitled to enforce its rights flowing B from the bailment between the ship-owner and the Board, against the consignee and recover expenses from him, incurred in connection with the bailment - Since the order of the Board declining total remission charges was not based on rational consideration and a sound policy, the order of the Board is set aside leaving it open to the Board to take appropriate decision duly recording the reasons for such decision - Major Port Trusts Act, 1963 - ss. 59(1) and 63 - Contract Act, 1872 - s. 158 - Bills of Lading Act, 1856 - s. . Plea: New plea - Raising of - Jn Supreme Court - Permissibility - Held: A pure and substantial question of law cannot be barred from D being raised for the first time. ยท Words and Phrases: 'Demurrage' - Meaning of 'Bailment' - Meaning of |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 189 |
Petitioner | M/s. Rasiklal Kantilal & Co. |
Respondent | Board Of Trustee Of Port Of Bombay & Others |
SCR | [2017] 4 S.C.R. 591 |
Judgement Date | 2017-02-28 |
Case Number | 5968 |
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