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New Central Jute Mills Co Ltd v. VEB Deutfracht Seereederei Rostock and Others

India.  20 January 1983 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Goods purchased in the Federal Republic of Germany and shipped through a German carrier — Goods damaged in transit — Carrier claiming immunity — Whether foreign carrier an instrumentality of the Government of the German Democratic Republic — Whether suit maintainable — Whether consent of Indian Government required prior to institution of suit — Whether restriction on the rights of the citizen of the State to institute proceedings for injuries suffered

Relationship of international law and municipal law — Interpretation of statute — Provision not explicit — Whether construction to be in consonance with the general principles of international law — Suit against a foreign carrier claiming immunity as an instrumentality of the Government of the German Democratic Republic — Requirement of consent of central Government before institution of suit against a foreign State — Suit expressly or ex facie not against a foreign State — Whether proper to curtail that right when legislative intent not clear and expressive — Whether principle to safeguard the rights of the citizen to be observed — Code of Civil Procedure, Section 86 — The law of India

Type
Case Report
Copyright
© Cambridge University Press 1993

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