1979 (1) TMI 105

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..... aim of the respondent for refund of the amount of wharfage, demurrage and transit charges paid to the appellant was barred by Section 110 of the Madras Port Trust Act (II of 1905). The appellant lost in the High Court and a decree for Rs. 4,838.87 p. was passed against the appellant. The appellant applied to this Court for special leave and by an order dated 7th March, 1969 this Court granted spec .....

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..... r and just to the citizens. Of course, if a government or a public authority takes up a technical plea, the Court has to decide it and if the plea is well-founded, it has to be upheld by the Court, but what we feel is that such a plea should not ordinarily be taken up by a government or a public authority, unless of course the claim is not well founded and by reason of delay in filing it, the evid .....

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