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CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
Straight-line lease rental accounting change results in penalty quashed where disclosed accounts and bona fide arguable accounting interpretation exis...
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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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