Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
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Enforceability of a foreign arbitral award, once judicially affirmed, renders it executable as a decree and bars re-litigation of issues already decided; executing courts need not re examine enforceability and may not go behind a decree except where it is a nullity. Challenges based on foreign exchange rules or valuation under domestic foreign exchange law are treated as rectifiable breaches subject to post facto RBI permission or condonation and do not automatically void awards. Executing courts may invoke residuary execution powers to give effect to decrees, including directing corporate acts like convening board meetings and registering share transfers. Reliefs that are several may be executed partially; repetitive objections to enforcement are precluded.
Enforceability of a foreign arbitral award, once judicially affirmed, renders it executable as a decree and bars re-litigation of issues already decided; executing courts need not re examine enforceability and may not go behind a decree except where it is a nullity. Challenges based on foreign exchange rules or valuation under domestic foreign exchange law are treated as rectifiable breaches subject to post facto RBI permission or condonation and do not automatically void awards. Executing courts may invoke residuary execution powers to give effect to decrees, including directing corporate acts like convening board meetings and registering share transfers. Reliefs that are several may be executed partially; repetitive objections to enforcement are precluded.
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