Legal Street registered trademark

Supreme Court of India

Raichand Amulakh Shah v. Union of India

Neutral citation
Reported as [1964] 5 S.C.R. 148
Bench P.B. Gajendragadkar J.
Decided 21 October 1963
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that both the lakh Shah High Court and the trial Court went wrong in dis- v. missing the suits on the ground that s. 26 of the Act Union of India was a bar against their maintainability.

Judgment, page 10

From the headnote

Indian Railway Act, 1890, s. 26-Construction of-Suit for refund of Wharfage and demurrage charges-If barred-" Wharfage" and" demurrage" meaning of-If terminals. Suits were filed against the Union of India representing the Western Railway for the refund of amounts collected by the West- ' cm Railway as wharfagc and dcmurrage charges from the appel- lants. It was alleged in the plaint that Railway notifications and rules under which the Railway had charged the wharfage at two annas to four annas per maund per day were illegal and ultra vires and that in any view the railway had no power under

Authorities it was built on

Where later benches applied it

Of those, 4 mentioned · 1 not applicable

Sign in free to read it

  • The full judgment, page by page, as published in the Supreme Court Reports
  • The ratio: what the Court held, verbatim, with the page it sits on
  • Every bench that relied on it, and every bench that argued against it
  • Search every reported judgment, by party, citation or question
  • Download the PDF, copy pinpoint citations ready for a filing
Sign in to read - for free

An email address, no password.