Can liability for damages of an Airline for death of an pet animal, be restricted by fine ..answer is no. Reasons->

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There are some judgements which say that fine printed terms and condition on tickets or on website of Airline, are binding on passengers.
Personally, I disagree with such views.
In my view liabilities under statues or under common law cannot be overwritten by printed terms unless it is specifically brought to the notice of passenger and acknowledged by him.
The liability of an Airline for damages for death of pet animal is under Law of Tort and therefore it cannot be restricted or contracted out.
As I said earlier, this is my personal view and is not a legal advice.
Haresh Raichura
26/3/2013

Can Supreme Court or High Court order any PRIVATE individual to do something? My answer is no. Reasons->

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Supreme Court in India has under Art.32 and High Courts have powers under Art 226 to issue orders (i. e. Writ of Mandamus).

But such writs/orders can be only issued to Govts, Govt bodies or Authorities covered under Art.12 of the Constitution of India.

Such orders cannot be issued to private individuals, or private bodies unless they are aided by Govts or govt bodies with State funds.

If they are violating any laws, SC or HC can direct concerned authorities to take steps in accordance with law.

But they have no powers to issue such writs or orders to private individuals to do or not to do a particular act.

This is my academic and personal view. You must consult and seek advice of an advocate, before applying this information to real situations.

Haresh Raichura
25/3/2013