Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
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Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Under Sections 13 and 14 CPC, a certified foreign judgment ordinarily carries conclusiveness and a rebuttable presumption of competent jurisdiction, but that presumption is not absolute at the interim stage where substantial objections exist. The text explains that an exclusive ICC arbitration clause, ongoing arbitration over the same dispute, and alleged breach of natural justice in the foreign proceedings made the Russian court's competence prima facie doubtful, so the judgment could not be treated as conclusive proof of liability for interim relief. In the money recovery suit, the plaintiff also failed to establish a prima facie case, and the balance of convenience favoured the defendant, so interim injunction was refused.
Under Sections 13 and 14 CPC, a certified foreign judgment ordinarily carries conclusiveness and a rebuttable presumption of competent jurisdiction, but that presumption is not absolute at the interim stage where substantial objections exist. The text explains that an exclusive ICC arbitration clause, ongoing arbitration over the same dispute, and alleged breach of natural justice in the foreign proceedings made the Russian court's competence prima facie doubtful, so the judgment could not be treated as conclusive proof of liability for interim relief. In the money recovery suit, the plaintiff also failed to establish a prima facie case, and the balance of convenience favoured the defendant, so interim injunction was refused.
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