Supreme Court · 2005 INSC 172 · Decided 31 March 2005

V.M. Salgaocar and BROS. v. Board of Trustees of Port of Mormugao and Anr

Court
Supreme Court of India
Citation
2005 INSC 172 · [2005] 3 S.C.R. 27
Case number
CIVIL APPEAL No. 4662/1999
Decided
31 March 2005
Bench
ASHOK BHAN, A.K. MATHUR (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC; Constitution Article 14, 19(J)(j); Limitation Act Section 3

Headnote

B 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, C maintainable-Further, Suit filed on expiry of six months of accrual of cause of action is also barred by time. There are be read conjunctively and not alternatively-The suit has to be filed D 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 very object and intention and lead to absurdity. Shorter

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