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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