Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
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Enforceability of a foreign judgment under the Code of Civil Procedure turned on reciprocity and exceptions to enforcement: the United Kingdom was a reciprocating territory and the English High Court decree was from a superior court, so the decree is executable. The court held objections based on alleged FEMA or RBI non-compliance cannot be raised for the first time in India where such issues were not argued before the foreign court; damages and interest awarded for breach of contract by a competent foreign court are not subject to FEMA/RBI ceilings or Master Direction-ECB limits, and the foreign decree did not fall within exceptions to enforcement.
Enforceability of a foreign judgment under the Code of Civil Procedure turned on reciprocity and exceptions to enforcement: the United Kingdom was a reciprocating territory and the English High Court decree was from a superior court, so the decree is executable. The court held objections based on alleged FEMA or RBI non-compliance cannot be raised for the first time in India where such issues were not argued before the foreign court; damages and interest awarded for breach of contract by a competent foreign court are not subject to FEMA/RBI ceilings or Master Direction-ECB limits, and the foreign decree did not fall within exceptions to enforcement.
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