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K. M. JOSEPH, PAMIDIGHANTAM SRI NARASIMHA
Bhagwandas B. Ramchandani – Appellant
Versus
British Airways – Respondent
JUDGMENT :
PAMIDIGHANTAM SRI NARASIMHA, J.
1. Leave granted.
2.1 Carriage by Air Act, 1972, incorporates international air traffic conventions of Warsaw, 1929, Hague Protocol, 1955, and Montréal Convention, 1999 in the First, Second, and the Third Schedules of the Act. Rule 30 of the Second Schedule, which incorporates the Hague Protocol, 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. Sub-rule (2) of Rule 30 provides that the method of calculating the period of limitation shall be determined by the law of the Court seized of the matter. As Limitation Act, 1963 is the law applicable to the Courts in India, it is contended on behalf of the consumers of the Airlines that the exclusion of periods of limitation provided in the Limitation Act shall apply for computation of the period of two years mentioned in Rule 30 (1).
2.2 Two substantial questions of law have arisen for our consideration. The first relates to the applicability of the Limitation Act when the right itself is extingui
The suit was declared time-barred under the Hague Rules and the Indian Limitation Act, as it was not filed within the one-year limitation period from the date of non-delivery of goods.
The court affirmed that the Indian Carriage of Goods by Sea Act mandates a year for filing claims, after which liability is completely extinguished, barring extensions.
The Limitation Act applies to arbitration proceedings under Section 34 of the ACA, but the condonable period does not extend beyond 30 days when it expires during a court holiday.
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
The court upheld that a claim for loss due to short delivery is barred if not filed within one year as mandated by the Hague Rules, confirming the definitive nature of liability discharge.
Limits of liability specified in rule 22 shall not apply, if it is proved that damage resulted from an act or omission of carrier, his servants or agents, done with intent to cause damage or reckless....
The court ruled that under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013, appeals must be filed within 120 days, and the court has no power to condone delays beyond th....
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