Carriage by Air Act 'Expressly Excludes' Provisions Of Limitation Act : Supreme Court
The Supreme Court held the Rule 30 of the Second Schedule to Carriage by Air Act, 1972 expressly excludes the applicability of the Limitation Act,1963.
dismissed an appeal against Bombay High Court judgment which held that a suit filed by a proprietary firm against British Airways is barred by limitation.
Rule 30 of the Air Act reads as follows: (1) The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped. (2) The method of calculating the period of limitati...
Before the Apex Court, these two issues: (1) Does Limitation Act, 1963 apply to the period specified in Rule 30 of the Second Schedule of the Carriage by Air Act, 1972? (2) Whether the Air Act, 1972, particularly Rule 30 of the Second Schedule expressly excludes the applicability of the Limitation Act, 1963?
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