Case Note & Summary
The appellant, Gangadhar Narsingdas Agarwal, filed a suit in the City Civil Court, Bombay, seeking a declaration that he had been domiciled in Goa since 1950 and that 17 show cause notices issued under the Foreign Exchange Regulation Act, 1947 were without jurisdiction, ultra vires, and null and void. He also sought an injunction restraining the respondents from proceeding further on those notices. The appellant claimed he was born in Tumsar, Maharashtra, but moved to Goa in April 1950 with the intention of permanently residing there and starting a manganese and iron ore export business. He executed a deed of relinquishment of his interest in the Hindu Undivided Family business on 10th October 1951, effective from 27th March 1950. The trial court dismissed the suit, and the appellant appealed. The High Court held that the appellant failed to prove his domicile in Goa with sufficient evidence, as the deed of relinquishment and other documents did not clearly establish an intention to permanently reside in Goa. The court also noted that the show cause notices were validly issued under the Foreign Exchange Regulation Act, 1947, and the civil court lacked jurisdiction to entertain the suit. The appeal was dismissed with no order as to costs.
Headnote
A) Domicile - Burden of Proof - Standard of Proof - The plaintiff must prove change of domicile with clear and cogent evidence, showing intention to permanently reside in the new place. The court held that the appellant failed to discharge this burden as the evidence was insufficient to establish a fixed and settled purpose of permanent residence in Goa (Paras 1-10). B) Foreign Exchange Regulation Act, 1947 - Show Cause Notices - Jurisdiction - The court held that the show cause notices were validly issued and the civil court had no jurisdiction to entertain the suit challenging them, as the Act provides a complete mechanism for adjudication (Paras 1-10).
Issue of Consideration
Whether the appellant had proved his domicile in Goa and whether the show cause notices issued under the Foreign Exchange Regulation Act, 1947 were without jurisdiction.
Final Decision
Appeal dismissed with no order as to costs.
Law Points
- Domicile
- Burden of proof
- Jurisdiction
- Foreign Exchange Regulation Act
- 1947
- Show cause notices
- Civil suit maintainability
