The Great Eastern shipping Co. Ltd. Vs. Union of India & Anr.
EmailAppeal: Civil Appeal No. 1710 of 1988
(Arising out of SLP (C) No. 7704 of 1987.)
(Arising out of SLP (C) No. 7704 of 1987.)
Petitioner: The Great Eastern shipping Co. Ltd.
Respondent: Union of India & Anr.
Apeal: Civil Appeal No. 1710 of 1988
(Arising out of SLP (C) No. 7704 of 1987.)
(Arising out of SLP (C) No. 7704 of 1987.)
Judges: SABYASACHI MUKHARJI & S.RANGANATHAN,JJ.
Date of Judgment: May 02, 1988
Head Note:
INDIAN PORTS ACT, 1908
Section 3(6) – Interpretation of the words “per ton” – Whether the words “per ton” in the 3rd column of the First Schedule means “net tonnage” as per section 3(6)? – High Court to decide the question after considering the rival contentions of the parties.
JUDGEMENT:
O R D E R
1. Special leave granted.
2. In the judgment under appeal the High Court has noted the contention of the learned counsel for the petitioners that the words “per ton” in the 3rd column of the First Schedule means “net tonnage” as per Section 3 (6) of the Indian Ports Act, 1908. The High Court has further observed that they are not deciding what is the meaning to be given to the words “per ton” but assumed so for the sake of the argument of the learned Counsel for the petitioner. We are satisfied that it is recurring question and it is necessary for the High Court to decide this question after considering the rival contentions of the parties. In view of this matter the judgment and order of the High Court are set aside in appeal. The matter be remanded for deciding the matter on the question raised before it in accordance with law after hearing the parties. In view of the urgency of the matter, the High Court is requested to decide this question as quickly as possible.
3. The appeal is disposed of accordingly.
1. Special leave granted.
2. In the judgment under appeal the High Court has noted the contention of the learned counsel for the petitioners that the words “per ton” in the 3rd column of the First Schedule means “net tonnage” as per Section 3 (6) of the Indian Ports Act, 1908. The High Court has further observed that they are not deciding what is the meaning to be given to the words “per ton” but assumed so for the sake of the argument of the learned Counsel for the petitioner. We are satisfied that it is recurring question and it is necessary for the High Court to decide this question after considering the rival contentions of the parties. In view of this matter the judgment and order of the High Court are set aside in appeal. The matter be remanded for deciding the matter on the question raised before it in accordance with law after hearing the parties. In view of the urgency of the matter, the High Court is requested to decide this question as quickly as possible.
3. The appeal is disposed of accordingly.
