https://www.taxtmi.com/caselaws?id=169837 A suit for refund of freight was held within limitation because the limitation period ran from the Supreme Court's earlier decision, with time spent on the statutory notice and bona fide writ proceedings excluded under the Limitation Act. The earlier notice period under Section 80 CPC was treated as excludable, and the writ petition was considered to have been prosecuted in good faith before an inappropriate forum. The claim also did not attract Section 78B of the Indian Railways Act, because the freight was characterised as illegally recovered after the rates were declared unlawful, not as an overcharge in the statutory sense. The freight recovery suit was therefore maintainable. en-us Wed, 25 Feb 2004 00:00:00 +0530 Thu, 19 May 2016 17:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=169837 A suit for refund of freight was held within limitation because the limitation period ran from the Supreme Court's earlier decision, with time spent on the statutory notice and bona fide writ proceedings excluded under the Limitation Act. The earlier notice period under Section 80 CPC was treated as excludable, and the writ petition was considered to have been prosecuted in good faith before an inappropriate forum. The claim also did not attract Section 78B of the Indian Railways Act, because the freight was characterised as illegally recovered after the rates were declared unlawful, not as an overcharge in the statutory sense. The freight recovery suit was therefore maintainable. Case-Laws Indian Laws Wed, 25 Feb 2004 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=169837