SUPREME COURT OF INDIA
UNION OF INDIA vs M/S INDIAN OIL CORPORATION LTD.
Civil Appeal No 1891-1966 of 2024 On 21 March 2024
Hon'ble Judges: J.B. Pardiwala, Sandeep Mehta
Case Type: Civil Appeal
Final Decision:
Advocates:
Citations:
2024 0 CJ(SC) 163
ACTS REFERRED:
Railways Act, 1989, Section 106
Railways Act, 1989, Section 106
Judgement Text
1. For the convenience of the exposition, this judgement is divided in the following parts: -
INDEX
A. FACTUAL MATRIX
B. PROCEEDINGS BEFORE THE RAILWAY CLAIMS TRIBUNAL
C. IMPUGNED ORDER
D. SUBMISSIONS ON BEHALF OF THE APPELLANT
E. SUBMISSIONS ON BEHALF OF THE RESPONDENT
F. ANALYSIS
i. Relevant Statutory Scheme and Provisions
ii. Scope of Section 106 of the Railways Act, 1989
a. What is meant by an "Overcharge"?
b. Concept of an Overcharge and an Illegal Charge
iii. Whether the present case is one of Overcharge or Illegal Charge?
a. Applicability of Section 106(3) of the Railways Act, 1989
b. Whether the chargeable distance of 444 km was correct or not?
G. CONCLUSION
1. This batch of 76 appeals is at the instance of the Union of India being the unsuccessful respondent before the High Court and is directed against the common set of judgements and orders dated 23.02.2018 passed by the High Court of Allahabad in FAO Nos. 726, 730-739, 765, 772-793, 798-814, 825- 826, 829830, 833-842, 844-848, and 850-855 respectively of 2014, by which the High Court allowed all the abovementioned appeals filed by the respondent
