Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
The HC allowed enforcement of the foreign arbitral award against the respondents, holding that objections under Section 48 were untenable. The Court found the award did not direct a company "buyback of shares" and rejected attempts to treat surrender of shares as such. Challenges based on the doctrine of election, alleged contravention of Section 16(b) or Sections 10(b)/14(1)(a)/20 of the Specific Relief Act, waiver, improper delegation, non-consideration of material issues, and alleged fraud were dismissed as merits-based re-appraisals improper in enforcement proceedings or as insufficiently pleaded. Transnational issue-estoppel and comity considerations were acknowledged, but did not preclude enforcement; petition dismissed and award declared enforceable under Sections 47-49.
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