http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 11
PETITIONER: S. S. LIGHT RAILWAY CO., LTD.
Vs.
RESPONDENT: UPPER DOAB SUGAR MILLS LTD. & ANOTHER
DATE OF JUDGMENT: 09/02/1960
BENCH:
ACT: Railway Rates-Terminal charges fixed by Government-When leviable-Railway Rates Tribunal-Jurisdiction of-Indian Railways Act, 1890 (IX of 1890). ss, 3 (14) 32 and 41.
HEADNOTE: In pursuance Of s. 32 of the Indian Railways Act, 1890 (IX of 1890), the Central Government had by means of a notification, fixed certain rates of terminal charges for loading and unloading goods carried from one station to another by Railway. Inspite of this notification the appellant Railway Company did not levy any terminal charges in accordance with those rates up to a certain point of time and continued to charge at a rate which Was then prevalent and in which no terminal charges were included. Subsequently, however, the Railway Company issued a Local Rates Advice by which terminal charges were added to the prevalent rates with the result that the total charges payable to the Railway by the respondent mills rose considerably. It was for relief against this increase that the mills made a complaint under S. 41 (1) (i) of the Indian Railways Act to Railway Rates Tribunal. The contention of the Railway Company, inter alia, was that as in increasing the charges the Administration had ...