Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
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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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