Supreme Court of India
M/s Bhagwandas B. Ramchandani v. British Airways
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What the Court ordered
We are of the view that Rule 30 (2) does not enable applicability of exclusion of periods for the purpose of reckoning the period of two years. 63 2011 SCC Online Guj 7601 (at para 10).
Judgment, page 39
From the headnote
Air Act, 1972 – Rule 30 – Limitation Act, 1963 – ss . 3, 29, schedule – Does Limitation Act, 1963 apply to the period spec ified 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 br ought 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 mus t endeavor to maintain a
Authorities it was built on
- 1973 Hukumdev Narain Yadav v. Lalit Narain Mishra
- 2006 Prem Singh and Ors. v. Birbal and Ors.
- 1981 Needle Industries (india) Ltd., & Ors. v. Needle Industries Newey (india) Holding Ltd. & Ors.
- 1999 State of Kerala and Ors. v. V.R. Kalliyanikutty and Anr. Etc. Etc.
- 1992 Punjab National Bank and Ors. v. Surendra Prasad Sinha
- 1977 Khadi Gram Udyog Trust v. Shri Ram Chandraji Virajman Mandir Sarsaiya Ghat, Kanpur
- 2022 Singapore Airlines Ltd. v. C.I.T., Delhi
- 1960 The East and West Steamship Comp Any, George Town, Madras v. S. K. Ramalingam Chettiar.
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