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Supreme Court of India

M/s Bhagwandas B. Ramchandani v. British Airways

Neutral citation
Bench K. M. Joseph and Pamidighantam Sri Narasimha JJ.
Decided 29 July 2022

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that Rule 30 of the Carriage by Air Act 1972, expressly excludes the applicability of the Limitation Act,1963.

Judgment, page 46

From the headnote

Air Act, 1972 – Rule 30 – Limitation Act, 1963 – ss. 3, 29, schedule – Does Limitation Act, 1963 apply to the period specified in Rule 30 of the Second Schedule of the Carriage by Air Act, 1972 – Held: Rule 30 of the Second Schedule provides that the right to damages will be extinguished if an action is not brought within a period of two years from the dates mentioned in the rule –When statutes are enacted to give effect to a treaty or convention, Articles 31 and 32 of the Vienna Convention becomes relevant for interpretation of such statutes – Courts of law must endeavor to maintain a…

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