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2018 (2) TMI 1450 - HC - Indian LawsWhether the provisions of Limitation Act, especially Section 18 of the Act, which is invoked by the Trial Court, in this case, can be made applicable to the litigation which is governed by the provisions of the Carriage by Air Act, 1972? Held that: - In the instant case, it is admitted that the Carriage by Air Act is a special enactment of the year 1972 and therefore later enactment to the general law of Limitation Act, which was enacted in 1963. Hence, as per above said Principle No.2, it will be necessary to ascertain the intention of the rule making authority to know which law should prevail. For this purpose, if one goes through the provisions of the said Act and the object and reasons for which the said Act was enacted, then it can be seen that the object of enacting the Carriage by Air Act 1972, was to provide a specific period of limitation and thereby to exclude the application of the Limitation Act. A cursory glance to the provisions of the Carriage by Air Act and the reading of the preamble of the Act makes it clear that it was enacted to give effect to the Warsaw Convention (of 1929) for unification of rules relating to international carriage by air to which India is a signatory, and further to give effect to the Hague Protocol of 1955. The rule making authority has made its intention clear that in case of the claims under this Act, the provisions of this Act will prevail in respect of limitation and thereby excluded the application of the general law of limitation. Consistent view taken by the Apex Court and also by various High Courts is that the Carriage by Air Act 1972, being a special statute, enacted to give effect to the international convention, the provisions thereof will have overriding effect. In view thereof, section 18 of the Limitation Act, which is a general enactment cannot have any application in the present case to extend the period of limitation, which is prescribed in Rule 30 of of Schedule II of the Act. As admittedly in this case, action of filing the suit in the Court was not taken within two years from the date on which cause of action arose and as provisions of Section 18 of the Limitation Act, cannot be made applicable, the suit apparently is barred by limitation - petition allowed - decided in favor of petitioner.
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