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PETITIONER: RAIGARH JUTE MILLS LTD.
Vs.
RESPONDENT: EASTERN RAILWAY AND ANOTHER
DATE OF JUDGMENT: 24/03/1958
BENCH: GAJENDRAGADKAR, P.B. BENCH: GAJENDRAGADKAR, P.B. BOSE, VIVIAN DAS, SUDHI RANJAN (CJ) AIYYAR, T.L. VENKATARAMA DAS, S.K.
CITATION: 1958 AIR 525 1959 SCR 236
ACT: Railway Rates Freight charges-Complaint of undue preference- Unreasonable and excessive rates-Competitive traffic Indian Railways Act, 1890 (9 of 1890), ss. 28, 41
HEADNOTE: The appellant company owned jute mills situated in Raigarh in the State of Madhya Pradesh, and it had to bring raw material from many railway booking stations outside the State as there was no other means of transport both for bringing jute to the mills and for carrying the finished products to ports for export to foreign countries; the jute mills in West Bengal and Madras had facilities for direct shipment of their goods without carriage by rail to the ports, and so the prices of the products of the appellant could not be brought down to the competitive level for the purposes of export out of, or sale in, India. The appellant filed a complaint before the Railway Rates Tribunal under s. 41 of the Indian Railways Act, 1890, on the allegations that the Railway administration had contravened the provisions of s. 28 of the Act in that it had offered special rates for certain stations in its ...