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30 judgments · newest first · showing 1–30
The Paradip Port Authority (formerly Paradip Port Trust) and Paradeep Phosphates Ltd. entered into a 1985 agreement for a captive berth, with tariff rates subject to periodic revision. Dispute arose when the Authority unilaterally increased rates in 1993, leading to arbitration, an appellate …
NKD Maritime Ltd purchased the vessel M.V. Karnika at a public auction ordered by the Bombay High Court in a commercial admiralty suit, with a bill of sale stating the vessel was sold free of all encumbrances. After taking possession, the Mumbai Port Trust demanded anchorage charges, calculating a …
The dispute arose from a BOT concession for the seventh berth at V.O. Chidambaranar Port, where PSA SICAL Terminals (SICAL) sought to replace a royalty payment model with a revenue‑sharing model, alleging a change in law under Article 14 of its licence agreement. The arbitral tribunal awarded SICAL …
The Visakhapatnam Port Trust floated a tender for wooden sleepers, which M/s Padia Timber Co. (P) Ltd. responded to with a conditional offer that inspection would be at its depot. The Trust accepted the offer but imposed an additional condition that final inspection be at its showroom, which Padia …
The Cochin Port Trust sought to recover ground rent and demurrage for containers that remained unclaimed by consignees after customs clearance, arguing that the steamer agents should not be liable beyond the 75‑day limit set by the Tariff Authority. The Supreme Court examined whether the passage of …
Maheshwary Handling Agency Pvt. Ltd., a cargo clearing and forwarding company, used storage facilities at Kandla Port and was levied penalty rent for storing cargo beyond sixty days under a circular issued by the Traffic Manager on 31 August 1998. The agency challenged the circular, arguing that …
The Board of Trustees for the Port of Kolkata (Port Trust) sought to evict Shalimar Tar Products Ltd., whose lease had expired, and after taking possession of the land, the Estate Officer issued a notice under Section 6 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 to dispose …
The case concerned the liability for demurrage and detention charges on ten consignments of cold‑rolled coils imported by M/s Imler International and M/s Shri Lakshmi Steels. The goods were detained by the Directorate of Revenue Intelligence (DRI) and Customs on suspicion of mis‑declaration, leading …
The appellant purchased 78 consignments of zinc and copper that had been stored at the Port of Bombay after the original consignees failed to lift them. The Board of Trustees of the Port of Bombay levied demurrage charges of Rs.2,81,67,333 and granted only partial remission, which the appellant …
The Cochin Port Trust, a statutory authority under the Major Port Trusts Act, 1963, was assessed sales tax for its dealings in scrap items such as water, firewood and waste paper. The Trust contended that it was not a "dealer" within the meaning of Section 2(viii) of the Kerala General Sales Tax …
The petitioners challenged notices terminating leases granted by the Kolkata Port Trust, arguing that the Land Manager lacked authority to issue ejectment notices. The Board of Trustees had, under Section 21 of the Major Port Trusts Act, 1963, delegated to the Chairman the power to terminate leases …
The Supreme Court examined the termination of licences granted by the Paradeep Port Trust (the Board) for manual and mechanically operated iron‑ore storage plots. The appellants claimed an indefeasible right to renew their licences and alleged that the Board’s decision violated constitutional …
The Research Foundation for Science, Technology and Natural Resource Policy challenged the Ministry of Environment's permission to import hazardous wastes, seeking a total ban, amendment of the Hazardous Wastes (Management & Handling) Rules, 1989 to conform with the Basel Convention, and a …
APM Terminals BV challenged the Jawaharlal Nehru Port Trust’s (JNPT) decision to exclude it from the Fourth Container Terminal tender, arguing that a licence agreement clause (8.31) barred the exclusion. The Union of India had altered its port policy to prevent private monopolisation, stipulating …
The Madras Port Trust Employees (Appointment, Promotion etc.) Regulations, 2000 required a civil engineering degree for appointment as Executive Engineer, thereby excluding diploma holders from promotion. Diploma engineers, relying on Central Government recommendations for a 4:1 promotion ratio, …
The Board of Trustees for the Port of Calcutta, constituted under the Major Port Trusts Act, 1963, owned land leased to Everest Industries Ltd. and another party. Upon lease expiry, a 1996 notification altered the rent schedule, imposing a non‑refundable premium equal to four years' rent and annual …
Gujarat CyproMet Ltd imported copper cathodes that remained unclaimed at Jawaharlal Nehru Port Trust and were sold by public auction in 2000 for Rs 52.5 lakh. The Port Trust deducted 50 % of the sale proceeds as "sale expenses" pursuant to Board Resolution No. 624 dated 23‑July‑1999. The company …
The appellant, an iron‑ore exporter, claimed a rebate of Rs 62,46,548.10 from the Board of Trustees of Mormugao Port, alleging that the Board had unlawfully levied a surcharge and refused full rebate. The Board raised two defenses under Section 120 of the Major Port Trusts Act, 1963: that the …
The New Mangalore Port Trust advertised a vacancy for Deputy Conservator, requiring ten years of experience as a Master of a foreign‑going ship or in pilotage/dredging. Captain Subhash Kumar (respondent No.4) had six years as Master and nine years as Pilot, while the appellant had two years as …
Mis Coromandal Fertilisers Ltd imported rock phosphate and sulphur and was responsible for unloading the cargo at its own wharf in Visakhapatnam. Customs assessed landing charges at 1.4% of the CIF value of the goods and the Assistant Collector additionally levied stevedoring charges, arguing they …
The Board of Trustees of the Port of Bombay detained a consignment of acrylic fibre belonging to Mis Sriyanesh Knitters, demanding payment of wharfage and demurrage arising from earlier imports of woollen rags. The respondents challenged the Board’s circular, alleging it was ultra‑violet of the …
The Supreme Court examined whether the Madras Port Trust, a statutory body under the Major Port Trusts Act, 1963, should be treated as a "dealer" under the Tamil Nadu General Sales Tax Act, 1959 and thus liable to sales tax on sales of unclaimed and unserviceable goods. The State of Tamil Nadu and …
The Port of Mumbai, acting as Board of Trustees, arrested the vessel M.V. Varuna belonging to Thakur Shipping Co. Ltd for non‑payment of anchorage and other port charges under Section 64 of the Major Port Trusts Act, 1963 and issued a notice of auction. The company was wound up in a company petition …
Sun Export Corporation (appellant No. 1) and its partner imported stainless‑steel tubes in 1973‑74 under licences held by Laxmi Engineering Co. They were authorised by letters of authority to clear the goods from the Bombay Port Trust warehouses, but failed to do so. The goods were subsequently …
The Visakhapatnam Port Trust levied handling charges of Rs 30 per metric ton for manganese ore after introducing a new handling system that eliminated its narrow‑gauge railway service. The private shippers, M/s Ram Bahadur Thakur Pvt. Ltd., challenged the rates, arguing that the new charges were a …
The owners of the vessel M.T. Larnaca entered Cochin Port and damaged an RCC platform, leading the Port Trust to assess damages of Rs. 33.82 lakh and demand an unconditional cash deposit before allowing the ship to depart. The owners challenged the demand, arguing that clause 6 of the 1980 …
The importers (Grand Slam International and others) brought goods by air to Delhi, where Customs detained the cargo and later issued detention certificates. The International Airports Authority of India (IAAI) and Central Warehousing Corporation (CWC), approved custodians under Section 45 of the …
V. R. Vora, a tenant of a room owned by the Bombay Port Trust, was served a quit notice under Section 106 read with Section 111(h) of the Transfer of Property Act, terminating his lease effective 28 February 1975. While the notice period was running, the Major Port Trusts Act, 1963 (a Central Act) …
Oswal Spinning & Weaving Mills Ltd imported 58 bales of woollen rags, which Customs officials later identified as acrylic rags and confiscated under the Customs Act. The importer was offered the option to pay a redemption fine under section 125; the fine was reduced by the Board and the goods were …
The Board of Trustees of the Port of Bombay (the Port Trust) sought recovery of demurrage charges from Jai Hind Oil Mills Company, which had imported propylene consignments that were detained by Customs pending duty disputes. The Bombay High Court, in writ proceedings where the Port Trust was not a …
