Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
