NDLI: M/s Bhagwandas B. Ramchandani Vs. British Airways

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1972 – Rule 30 – Limitation Act Air Act 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
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 uniformity of interpretation with courts of other jurisdictions while interpreting international treaties and conventions – The expressions, ‘right’ and ‘extinguished’ employed by the Convention as adopted and incorporated by the Parliament in Rule 30 of the Second Schedule clearly establishes the intention of the law-giver that the right to damages would not subsist after the expiry of the period mentioned therein – The expression in Rule 30(2) calculating the period of limitation is synonymous to the expression computation of period of limitation provided in Part-III of the Limitation Act, 1963 – High Courts (Delhi, Bombay and Madras) across the country have also taken a similar view that the Limitation Act will be excluded from operation for a claim under Air Act – In view of the consistent interpretation of Article 29 of the Convention adopted in different jurisdictions, for the purpose of uniformity and also to subserve the purpose and object of the Convention, this Court is 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.Limitation Act, 1963 – s. 29 – Whether the Air Act, 1972, particularly Rule 30 of the Second Schedule expressly excludes the applicability of the Limitation Act, 1963? Held: Where a period of Limitation is prescribed in a special law, by virtue of Section 29 of the Limitation Act, such period will apply as if it was provided in the Schedule of the Limitation Act - Sub-Rule (2) of rule 30 must therefore be interpreted harmoniously keeping in mind not only the content of Sub-Rule (1) but also the purpose and object of the Convention which is to bring about the unification of Rules relating to International Carriage by Air - Rule 30 of the Carriage by Air Act 1972, expressly excludes the applicability of the Limitation Act,1963.
Judge	Hon'ble Mr. Justice Pamidighantam Sri Narasimha
Neutral Citation	2022 INSC 768
Petitioner	M/s Bhagwandas B. Ramchandani
Respondent	British Airways
SCR	[2022] 11 S.C.R. 539
Judgement Date	2022-07-29
Case Number	4978

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M/s Bhagwandas B. Ramchandani Vs. British Airways

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M/s Bhagwandas B. Ramchandani Vs. British Airways

M/s Bhagwandas B. Ramchandani Vs. British Airways

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