Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Sunday, 20 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-02-28 allowed

Rasiklal Kantilal & Co vs Board of Trustee of Port of Bombay & Others

Bench: 2 — Chelameswar

In Brief

The Supreme Court held that a Port Trust can recover demurrage charges from any person seeking delivery of imported goods, regardless of when that person acquired ownership. The Port Trust functions as a sub-bailee under the bailment relationship and is entitled to recover storage costs from either the original shipper or subsequent buyers, as the obligation to pay the bailee's necessary expenses extends to all claiming through the bailor. The Court also held that the Port Trust must exercise its discretion to grant or refuse remission of demurrage based on rational policy, not arbitrarily. The Port Trust's decision denying full remission was set aside, directing reconsideration with proper reasoning.

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Customs Law Port Authority Administrative Law Demurrage Bailment Contract Law Bills of Lading Statutory Powers Discretion

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