Person chargeable with duty must be the importer at importation; subsequent purchasers cannot be held liable where beneficial owner rules did not appl...
Prohibited importation of cosmetics without prior regulatory registration attracts seizure and confiscation; warehousing or re export claims do not cu...
Provisional release on security permitted where cash deposit plus bond secures differential duty; classification and treaty benefits referred for deci...
Customs Valuation Rule Sequence must be followed; single-comparator re-determination and penalties set aside without comparability or proof of mis-dec...
A foreign judgment is conclusive in India only if rendered after due judicial process, with a reasonable opportunity to defend and genuine consideration of substantive defences. The English decree failed this test because the respondent raised bona fide triable issues supported by contemporaneous documents, yet was denied leave to defend in summary proceedings; it was therefore not a judgment on merits and offended natural justice under Section 13 CPC, making it unenforceable under Section 44A read with Section 13 CPC. The Court further clarified that FERA does not bar adjudication of liability, but enforcement of a decree remains subject to prior regulatory permission under Section 47(3)(b).
A foreign judgment is conclusive in India only if rendered after due judicial process, with a reasonable opportunity to defend and genuine consideration of substantive defences. The English decree failed this test because the respondent raised bona fide triable issues supported by contemporaneous documents, yet was denied leave to defend in summary proceedings; it was therefore not a judgment on merits and offended natural justice under Section 13 CPC, making it unenforceable under Section 44A read with Section 13 CPC. The Court further clarified that FERA does not bar adjudication of liability, but enforcement of a decree remains subject to prior regulatory permission under Section 47(3)(b).
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