Supreme Court of India
V.M. Salgaocar and Bros. v. Board of Trustees of Port of Mormugao and Anr
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1 Supreme Court bench has cited this judgment.
What the Court ordered
For the aforesaid reasons, we do not find any merit in these appeals and the appeals are dismissed leaving the parties to bear their own costs.
Judgment, page 27
From the 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
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