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....”9. In Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. . (2001) 6 SCC 356 this Court observed:( & 3...State of U.P v. Synthetics and Chemicals Ltd. (1991) 4 SCC 139 this Court observed:“40. ‘Incuria...avoided and ignored if it is rendered, ‘in ignoratium of a statute or other binding authority’. (Young v. Bristol Aeroplane Co. Ltd.) 1944 KB 718 at 729, 1947 KB 842, (1947) 2...
...inadvertence or oversight, court or Tribunal failed to notice the statutory provision or a binding authority, principle of per incuriam may apply as held by the Supreme Court in Fuerst Day Lawson Ltd. v...find that in a later judgment in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., the Apex Court had held that if the Tribunal failed to notice a binding authority the principle of per...applicability of doctrine of per incuriam. I find that a Bench of two Judges of the Supreme Court held in 2001 in Fuerst Day Lawson Ltd. case (supra) that an order passed without considering a binding...
...inadvertence or oversight, court or Tribunal failed to notice the statutory provision or a binding authority, principle of per incuriam may apply as held by the Supreme Court in Fuerst Day Lawson Ltd. v...find that in a later judgment in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., the Apex Court had held that if the Tribunal failed to notice a binding authority the principle of per...applicability of doctrine of per incuriam. I find that a Bench of two Judges of the Supreme Court held in 2001 in Fuerst Day Lawson Ltd. case (supra) that an order passed without considering a binding...
..., A.K Roy v. Union of India (1982) 1 SCC 271 and Fuerst Day Lawson Ltd. v. Jindal Exports ...1991”), in light of the judgment of this Court in Fuerst Day Lawson Ltd. (2001) 6 SCC 356, the amendment was effective from the date of the Ordinance i.e 15-10-1990. It was urged that if at all the...(1985) 3 SCC 198 and Fuerst Day Lawson Ltd. (2001) 6 SCC 356)18. Examined on the...
...334 and Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. . (2001) 6 SCC 35610. The learned counsel would...Thyssen Stahlunion GMBH (1999) 9 SCC 334 and Fuerst Day Lawson Ltd. (2001) 6 SCC 356 whereupon Mr Deshpande relied upon were considered by a three-Judge Bench of this Court in Milkfood Ltd...arbitration’ assumes significance.”Noticing that Thyssen Stahlunion GMBH (1999) 9 SCC 334 and Fuerst Day Lawson Ltd. (2001) 6 SCC 356 were concerned with the...
.... . (1999) 9 SCC 334, JT (1999) 8 SC 66, Fuerst Day Lawson Ltd. v. Jindal Exports ...contained in Section 69 of the Indian Partnership Act, 1932. It has been so held in Jagdish Chandra Gupta v. Kajaria Traders (India) Ltd...Milkfood Ltd. v. Gmc Ice Cream (P) Ltd. . (2004) 7 SCC 288...
...judgment of this High Court in the case of Fuerst Day Lawson Ltd. v. Jindal Exports Ltd., 194 (2012) DLT 439.15. On the second aspect it is urged by the learned counsel for...., (1999) 9 SCC 334 and Fuerst Day Lawson Limited v. Jindal Exports Limited, (2011) 8 SCC 333. Based on these submissions, it is stated tha..., it is urged that the exchange rate has to be the rate as on the date of the Award. It is further stated that the judgment of this court passed in the case of Fuerst Day Lawson Ltd. v. Jindal...
....18. In Fuerst Day Lawson Ltd. (2011) 8 SCC 333, the issue that arose for consideration was whether an order, though not appealable under Section 50 of the 1996 Act, could neverthel...follows: (Fuerst Day Lawson Ltd. case (2011) 8 SCC 333....24. In Fuerst Day Lawson Ltd. (2011) 8 SCC 333, the two-Judge Bench placing reliance on a series of authorities has drawn a distinction between the 1940 Act and the 1996 Act and ha...
...Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. . (2001) 6 SCC 356) Paragraphs 41 and 42 of Thyssen Stahlunion GMBH case (1999)...of the learned Senior Counsel for the appellant, the question that arises is as to when the proceedings commence.6. In Shetty's Constructions Co. (P) Ltd.... Thyssen Stahlunion Gmbh v. Steel Authority Of India Ltd. . (1999) 9 SCC 334 which was passionately relied upon by the learned Senior Counsel for the appellant, has...
..., Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd.6, Dr.Tulzapurkar would contend that the Supreme 5 (1999) 9 Supreme Court Cases 334 6 (2...respondent No.1 would submit that the contentions urged on behalf of the petitioner that the foreign award has a stamp of a decree is the observation of the Supreme Court in Fuerst Day Lawson Ltd. Vs...) 22. The Supreme Court in Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd. (supra) again commented on the nature of a foreign award prior to the Arbitration Act,1996 c...
...Ranchi v. Scoot Wilson Kirpatrick India (P.) Ltd. (2006) 13 SCC 622 and Fuerst Day Lawson Limited v. Jindal Exports Limited...maintainable. 16. Likewise, in Fuerst Day Lawson Ltd. (supra) this Court held: 37. These general principles are culled out from the decisions of this Court...binding, in spite of having noticed the decision of this Court in Fuerst Day Lawson Ltd. [Fuerst Day Lawson Limited v. Jindal ...
...Act will apply to the arbitral proceedings though the arbitration clause contemplated proceedings under the 1940 Act (See Fuerst Day Lawson Ltd. v..., (2006) 4 SCC 658; Shree Ram Mills Ltd. v. Utility Premises (P) Ltd., (2007) 4 SCC 599 and...Milkfood Ltd. v. Gmc Ice Cream (P) Ltd., (2004) 7 SCC 288; Shettys Constructions Co. Pvt. Ltd. v. Konkan Railway Construction and Another...
..., relying upon R. Rajagopal Reddy v. Padmini Chandrasekharan [R. Rajagopal Reddy v. Padmini Chandrasekharan, (1995) 2 SCC 630], Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. [Fuerst Day ....C0 = the all India average wholesale price index for cement on the day 28 days prior to the closing date of submission of bids, as published by Ministry of Industrial Development, Government of India..., New Delhi.C1 = the all India average wholesale price index for cement on the day 28 days prior to the last day of the period to which a particular interim payment...
...had, after considering Fuerst Day Lawson Ltd., supra, entertained an appeal against an order that was not appealable under Section 50, in effect, holding, that such an order would be appealable as a.... 12. In Raj Television Network Ltd, supra, M.Sundar, J. referred to Fuerst Day Lawson Limited, supra, and observed as follows: (g) However, there is no such negative import in Section 50 of the .... 13. In Raj Television Network Ltd., supra, the Division Bench appears to have overlooked the fact that in Fuerst Day Lawson Ltd., supra, the issue was whether an order not appealable u...
...) Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.., (2001) 6 SCC 356....22. In Fuerst Day Lawson Ltd.'s case, (2001) 6 SCC 356 : AIR 2001 SC...of this plea. Reliance has also been placed on a judgment of this court in Triveni Yarns Ltd. v. Punjab Financial Corporation (C.W.P No. 6356 of 2007, decided on January 15...
...Supreme Court in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd.., (2001) 6 SCC 356 and...
.... MANU/DE/1387/2010 (DB), Fuerst Day Lawson Ltd. Vs. Jindal Exports Ltd. (2011) 8 SCC 333 (holding that Arbitration Act...) 14 SCC 715, where relying on Fuerst Day Lawson Ltd. Supra and noting that the Arbitration and Conciliation Act being a self-contained code, carries the negative import that appeals that are not...BGS SGS Soma JV Vs. NHPC Ltd. 2019 SCC OnLine SC 1585. 5. Neither counsel is...
...Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. . (2001) 6 SCC 356, AIR 2001 SC 229...) 10 SCC 374 was incorrectly founded upon the decision in McDermott International Inc. v. Burn Standard Co. Ltd...(1917), US p. 485, whereby Day, J. observed: (L Ed p. 453)“Where the language is plain and admits of no more than one meaning, the duty of interpretation...
...this plea Mr Hansaria referred to the judgment of the Supreme Court in Fuerst Day Lawson Ltd. v. Jindal Exports Ltd. . (2001) 6 SCC 356...) Trading Co. Ltd. (2005) 2 Arb LR 551 (Cal)15. In Fuerst Day Lawson Ltd. v. Jindal...International Ltd. After the said award was given in favour of the respondent, it sent legal notice dated 11-8-2000, through its counsel to the appellant herein demanding the aforesaid amount as well as...
...would become payable only at some subsequent stage. This judgment is equally incorrect in stating that Fuerst Day Lawson Ltd. v. Jindal...Exports Ltd. . (2001) 6 SCC 356, would apply. One sentence in Fuerst Day Lawson Ltd. (2001) 6 SCC 356 reads:“[T]he only difference as found is that while under...the new Act was to enforce final award as if it was a decree and keeping in view the law laid down by the Hon'ble Apex Court in Fuerst Day Lawson Ltd. (2001) 6 SCC 356, wherein the Hon'ble Supreme...