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TMI Blog1993 (12) TMI 234X X X X Extracts X X X X X X X X Extracts X X X X ..... rriage to Renukoot siding through the railway route via Khatni - Murwara-Singrauli covering South Eastern Railway from Pandra Road to Khatni - Murwara of a distance of 217 km.; Central Railway Khatni - Murwara to Singrauli 407 km. and Eastern Railway via Singrauli to Renukoot 90 km.; in total 714 km. Later, Khatni Murwara to Balli, a new Railway line was laid connecting Singrauli. The Bauxite ore was being carried from Pandra Road via Khatni - Murwara - Balli -Singrauli to Renukoot railway siding. The distance though was reduced to 568 km., the freight charges for physical distance of 714 km. at the rate of ₹ 13.75 per quintal per km. was continued to be charged and later was increased to ₹ 16.57 per quintal per km. with effect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of rate on the inflated distance being unreasonable, ought to have granted the relief from the date of the complaint. It is admitted by the railways that the corum to decide the complaint was not filled by appointing either the Chairman or the Member of the Tribunal from November 11, 1987 to May 18, 1991 and the resultant delay in adjudication. The finding that there is no proof of hurt by the appellant is not a relevant circumstance to deny the relief to the appellant. He placed strong reliance on Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation [1947] 2 AER 680. 5. The question, therefore, is whether the Railway Rate Tribunal has committed any error of law in confining the relief only from the date of the j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ative, and it shall not be necessary to ask for general or other relief which may always be given as the Court may think just to the same extent as if it had been asked for, and the same rule shall apply to any relief claimed by the defendant in his written statement. Order II Rule 2 enjoins to claim the relief in respect of a cause of action and under Clause (3) of Order II Rule 2, if he omits to seek the relief, except with the leave of the court, he shall be precluded thereafter for any relief so omitted. 7. It is settled law that it is no longer necessary to specially ask for general or other relief apart from the specific relief asked for. Such a relief may always be given to the same extent as if it has been asked, for prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , after taking all the facts and circumstances into consideration, would mould the relief, in exercising its discretionary power and equally would avid injustice. Likewise when the right to remedy under the Act itself arises on the presence or absence of certain basic facts, at the time of granting relief, may either grant the relief or refuse to grant the same. It would be one of just and equitable exercise of the discretion in moulding the ancillary relief. If is not as of right. In Associated Provincial Picture Houses Ltd.'s case (supra) under Sunday Entertainments Act, 1932, the licensing authority while granting permission to exhibit cinematographs , imposed certain conditions, prohibiting the children under age of 15 years to be a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom his consideration matters which are irrelevant to the matter he has to consider. If he does not obey those rules, he may truly be said to be acting unreasonably. 8. There lies a distinction between the administrative authorities exercising discretionary jurisdiction and the court or the quasi-judicial tribunal deciding the list. In the latter case discretion has been given to the court or the Tribunal to mould the ancillary relief. The discretion is to be exercised with circumspection consistent with justice, equity and good-conscience, keeping always the given fact and circumstances of the case. 9. Undoubtedly there was delay in Constitution of the proper Corum of the Tribunal, to discharge its function under the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X
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