Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
The dominant issues were whether enforcement of the foreign arbitral awards was time-barred and whether res judicata precluded re-agitation of limitation. Since jurisdiction to entertain enforcement was never challenged and limitation involved mixed questions of law and fact, the earlier ruling that the petition was within Article 137 bound the parties; enforcement was therefore not refused on limitation. The Court also rejected the public policy objection, holding it did not bar enforcement; the awards were recognised as deemed decrees. On lifting the corporate veil, associated entities could be impleaded and execution levied only against properties/assets diverted from the award-debtor to them, not against their independent assets; no execution lay against an entity receiving no diverted assets. Costs were imposed on the award-debtor. - HC
The dominant issues were whether enforcement of the foreign arbitral awards was time-barred and whether res judicata precluded re-agitation of limitation. Since jurisdiction to entertain enforcement was never challenged and limitation involved mixed questions of law and fact, the earlier ruling that the petition was within Article 137 bound the parties; enforcement was therefore not refused on limitation. The Court also rejected the public policy objection, holding it did not bar enforcement; the awards were recognised as deemed decrees. On lifting the corporate veil, associated entities could be impleaded and execution levied only against properties/assets diverted from the award-debtor to them, not against their independent assets; no execution lay against an entity receiving no diverted assets. Costs were imposed on the award-debtor. - HC
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