International transaction characterisation of domestic divestment of support services business rejected; transaction between resident associated enter...
Minimum Import Price restrictions for Black Pepper, Areca-nuts and Apples upheld; procedural laying failure not fatal, notifications to be placed befo...
Transaction value between related persons requires market-equivalent pricing; importer must prove declared value mirrors ordinary international trade ...
Classification of exported insecticides under export tariff affirmed; reclassification and related penalties set aside and MEIS scrip jurisdiction rec...
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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