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Supreme Court Hears Constitutional Challenge to COFEPOSA Preventive Detention Powers for Foreign Exchange Violations. Petitioners Contend Absence of Penal Provisions Under FEMA Renders Section 3(1) Unconstitutional.

The writ petition under Article 32 of the Constitution was filed directly in the Supreme Court challenging the constitutional validity of Section 3(1)...

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Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

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Supreme Court Allows Appeal in Part in Foreign Currency Arbitral Award Enforcement Case. Twin Principles Laid Down: Date of Enforceability for General Conversion, Date of Deposit for Amounts Deposited in Court.

The Supreme Court addressed the issue of the correct date for converting a foreign currency arbitral award into Indian rupees for enforcement. The app...

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Bombay High Court Allows Appeal in Admiralty Bunkers Arrest Case. Bunkers on board a ship can be arrested and sold separately under admiralty jurisdiction as they are not part of the ship.

The appellant, Mansel Limited, a Bermuda company engaged in chartering vessels, filed an admiralty suit seeking arrest of bunkers on board the vessel ...

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High Court of Karnataka Grants Bail to Accused in Money Laundering Case Under PML Act. Petitioner, a first-time offender with no criminal antecedents, granted bail subject to stringent conditions including bond, surrender of passport, and weekly reporting to ED.

The petitioner, Shri S.C. Jayachandra, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) seeking bail in Case...

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Bombay High Court Allows Appeal Against Conversion Date in Execution of Foreign Currency Decrees Under Section 44-A CPC. Relevant Date for Conversion Held to Be Date of Foreign Decree, Not Date of Enforceability After Removal of Stay.

The appeals arose from execution proceedings to enforce foreign costs decrees obtained by the respondents (Ananda Bazar Patrika Limited and Aveek Sark...

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Bombay High Court Dismisses Petition Challenging Forfeiture of Properties under SAFEMA. Detention Order Under COFEPOSA Validly Triggers SAFEMA Proceedings Despite Non-Execution of Detention and Redemption of Confiscated Currency.

The petitioner, Smt. Yamini S. Bhagwanji, challenged the forfeiture of three immovable properties and certain bank accounts under the Smugglers and Fo...

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Bombay High Court Allows Appeal in Loan Recovery Case — Decree Satisfaction Set Aside Due to Lack of Consent. Court holds that a decree cannot be marked satisfied without the consent of the decree-holder or a valid compromise recorded under Order 23 Rule 3 CPC.

The Industrial Credit & Investment Corporation of India Ltd. (ICICI) filed a suit against Radha Silk Mills Ltd. for recovery of a foreign currency loa...