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august 2011

Supreme Court of India · 2011-08-09

ETHIOPIAN AIRLINES vs GANESH NARAIN SABOO

Citation / case number
SC 2004/8320
Court
Supreme Court of India
Petitioner
ETHIOPIAN AIRLINES
Respondent
GANESH NARAIN SABOO
Author
Dalveer Bhandari
Bench
DALVEER BHANDARI,MUKUNDAKAM SHARMA,ANIL R. DAVE

Judgment text excerpt

The Supreme Court addressed the issue of whether proceedings before the Consumer Forum constitute suits, referencing conflicting judgments in E.I.C.M. Exports Ltd. v. South Indian Corporation and Patel Roadways Limited v. Birla Yamaha Limited. The Court held that the Consumer Protection Act, 1986, specifically Section 13(4), limits the applicability of the Code of Civil Procedure, and that a foreign State or its instrumentality can claim sovereign immunity under the Act unless prior permission from the Central Government is obtained. The appeal was allowed, and the case was remitted to the State Commission for fresh consideration.

ETHIOPIAN AIRLINES vs GANESH NARAIN SABOO · Niyam