other common-law countries, the law has been amended
by treating the foreign limitation law as substantive under the Foreign
Limitation Periods ... foreign law applicable to actions instituted in
common law countries.
17
Chapter III
Recent developments in Private International Law in
Common law countries:
From Procedural
R. Viswanathan vs Rukn-Ul-Mulk Syed Abdul Wajid on 4 May, 1962
Equivalent citations
foreign citizenship
from the fact of obtaining a passport from a foreign country
was not a rule of evidence but a rule of substantive law ... applied
alike to cases governed by English and foreign law.
(1) Dicey's Conflict of Laws, Seventh Edition. page 1098.
(2) Thayer
substantive law of India.
However, by designating a seat outside India, it is open to two Indian
parties to opt out of the substantive law ... substantive law of that country and not to
its conflict of laws rules;
(iii) failing any designation of the law under sub-
clause
evidence or the law, if the minimum requirements of the judicial process are assured; correctness of the judgment in law or on evidence ... recognition of its conclusiveness by the municipal court. Neither the foreign substantive law, nor even the procedural law of the trial be the same
evidence or the law, if
the minimum requirements of the judicial process are assured:
correctness of the judgment in law or on evidence ... recognition of its conclusiveness
by the Municipal Court. Neither the foreign substantive law,
nor even the procedural law of the trial be the same
Agreement to be
settled in Seoul, Korea, the governing law to be the law of the Republic
of Korea, and the procedural rules ... India")
where this court held that choosing a foreign law substantively and
procedurally including the law governing the arbitration proceeding leads
to the exclusion
foreign judgments, but not every foreign judgment is made conclusive in the Indian courts by section 13 . To be conclusive, a foreign judgment must ... recognition of its conclusiveness by the Municipal Court. Neither the foreign substantive law, nor even the procedural law of the trial be the same
will not enforce a
foreign judgment that is not of a competent court. What
that section provides is, therefore, substantive law, not
mere procedure ... recognition of its conclusiveness
by the municipal court. Neither the foreign substantive law, nor
even the procedural law of the trial need be the same
Discovery Drilling Pte Limited vs Parmod Kumar & Anr. on 24 February, 2025
Author: Navin
