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.