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1996 Supreme(SC) 1308

K.S.PARIPOORNAN, S.P.BHARUCHA
International Airport Authority Of India – Appellant
Versus
Ashok Dhawan – Respondent


ORDER

1. Leave granted in the SLP.

2. Civil Appeal No. 67 of 1990 and the civil appeal arising out of SLP (C) No. 12023 of 1991 impugn the same judgment and order of the Delhi High Court. Civil Appeals Nos. 1656- 59 of 1992 impugn another judgment and order of the Delhi High Court. Since both judgments deal with the levy of demurrage by the International Airport Authority of India on baggage, they may be dealt with together. In the former set of appeals the baggage was unaccompanied baggage; in the latter set of appeals it was baggage under transhipment.

3. For the purpose of this judgment, it is sufficient to refer to the facts of the former set of appeals. The first respondent therein returned to India on transfer of residence and was granted the benefit of the rules applicable to transfer of residence. On 16-7-1986, Air India carried the first respondents unaccompanied baggage under an Airway Bill. There were three containers, one containing a computer, another containing a keyboard and the third containing two printers. The third container was lost while in the custody of the Authority. The first respondents application to the Customs authorities for being treated as a person w







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