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Supreme Court of India 2018-03-07 remanded

Chairman, Board of Trustees Cochin Port Trust vs Arebee Star Maritime Agencies Pvt. Ltd. & Ors

Bench: 2 — D.Y. Chandrachud

In Brief

This case involved multiple shipping agents challenging the Cochin Port Trust's demand for 'ground rent' on containers left uncleared at the port beyond 75 days. The Supreme Court found irreconcilable inconsistencies in prior judgments regarding whether steamer agents or consignees bear liability for such charges under the Major Port Trusts Act, 1963. Rather than decide the matter, the Court referred five key legal questions to a larger Bench: whether title to goods affects liability; when steamer agent liability ceases; who may be charged; what principles determine recovery rights; and whether ports must de-stuff containers. The case was accordingly remanded for larger Bench consideration."

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Port Authority Statutory Interpretation Shipping & Maritime Law Demurrage Charges Ground Rent Tariff Authority Bailee Liability

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