Supreme Court · 1996 INSC 1370 · Decided 22 November 1996
Luga Bay Shipping Corporation and ANR. ETC. v. The Board of Trustees of the Port of Cochin and ANR.
- Court
- Supreme Court of India
- Citation
- 1996 INSC 1370 · [1996] SUPP. 9 S.C.R. 103
- Case number
- CIVIL APPEAL No. 2426/1994
- Decided
- 22 November 1996
- Bench
- A.M. AHMADI, S.C. AGRAWAL, SUJATA V. MANOHAR (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 226
Headnote
A B Major Pait T1usts Act, 1963-Ss. 123(/)(n)(o), 116 read with section 65(ii), 48, 49, 50, 52:-Notification dated 8.1.1980-Clause 6--Power of the C Board-Tofu: the quantum of damages caused by a vessel to any property of the polt or the Board zmilatera/ly-Demand its unconditional cash leaves the pan-Detain a vessel if the compensation/secwity is not paid or famished-Held not ultravires sections 48, 49, 50 or S. 123-ls consistent with the scheme of S. 116 read with S. 65(ii)-Not violative of mies D of Natural Justice-So also there is no inconsistency in Regulation 43 of the
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