AN ANALYSIS OF CARRIAGE BY AIR ACT, 1972
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Abstract
The Carriage by Air Act was enacted by the Parliament on December 19, 1972 and came into force on March 23, 1973. The Act essentially aims to implement the Warsaw Convention for the Unification of certain Rules about International Carriage by Air that was signed on October 12, 1929. The application of the Convention extends to any or all carriage like carriage of passengers, baggage or cargos performed for remuneration. The Act conjointly complies with the amendments created to the Warsaw Convention through the Protocol of amendments of the Warsaw Convention, 1959 managing the liability of the Air Carrier to passengers and merchandise terminated at Hague within the year 1955. The Act extends to the complete Indian Territory as well as the State of Jammu and geographical area. There is an international legal regime governing the liability of air carriers for injury or death of passengers, for destruction or loss of or damage to baggage and cargo, and losses caused by delay in international carriage of passengers, baggage and cargo. This regime is set out in a number of international instruments. However, India had so far ratified only two instruments, namely the Warsaw Convention 1929, and the Warsaw Convention as amended by The Hague Protocol 1955 and the same had been given effect to by the Carriage by Air Act 1972.
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