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october 2008

Supreme Court of India · 2008-10-03

M/S. Klm Royal Dutch Airlines vs D.G. Of Investigation & Registration

Citation / case number
AIR 2009 SUPREME COURT 938
Court
Supreme Court of India
Petitioner
M/S. Klm Royal Dutch Airlines
Respondent
D.G. Of Investigation & Registration
Author
Mukundakam Sharma
Bench
Mukundakam Sharma, Tarun Chatterjee

Judgment text excerpt

The Supreme Court addressed appeals under Section 55 of the Monopolies and Restrictive Trade Practices Act, 1969, challenging orders from the MRTP Commission regarding unfair trade practices by an airline. The Court held that the airline's failure to deliver cargo timely constituted an unfair trade practice under Section 36A(1) of the MRTP Act, affirming the Commission's findings. The Court emphasized that the liability of carriers is governed by the Carriage by Air Act, 1972, and the Warsaw Convention, 1929, which sets the framework for claims related to cargo loss and delay.

M/S. Klm Royal Dutch Airlines vs D.G. Of Investigation & Registration · Niyam