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Search Results for "FEMA Appeal"

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Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

High Court

Bombay High Court Allows Writ Petitions Challenging FEMA Adjudication Orders on Ground of Lack of Jurisdiction of Special Director (Appeals) to Entertain Appeals Against Orders Passed by Assistant Director Under Section 52 of FEMA, 1999. The court held that appeals under Section 52 of FEMA lie only against orders of Special Director or Additional Director, not Assistant Director, and Section 49 savings clause does not confer jurisdiction.

13 Jul 2006

The judgment involves four writ petitions filed by Premier Limited, Godrej Industries Limited, A.B. Godrej, and N.B. Godrej challenging orders passed ...

High Court

Bombay High Court Dismisses Condonation of Delay Application in FERA/FEMA Appeal — Limitation Period Governed by FERA Section 54, Not FEMA Section 49(5)(c). The court held that the appeal against the Appellate Tribunal's order under FEMA is governed by the limitation period under Section 54 of FERA, which is 60 days, and the High Court cannot condone delay beyond that period.

4 May 2011

The Union of India, through the Directorate of Enforcement, filed a Civil Application seeking condonation of 291 days delay in filing an appeal agains...

High Court

Bombay High Court Admits Writ Petition Filed by Noticee in FEMA Adjudication, Directs Returnable Rule on Issues of Cross-Examination and Joint Proceedings. The petition challenged the Special Director's refusal to permit cross-examination of witnesses and non-supply of co-noticees' replies in proceedings under the Foreign Exchange Management Act, 1999.

30 Jan 2018

Background: The petitioner, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the Indian Premier League (IPL...

High Court

Bombay High Court Dismisses Petitions Challenging FEMA Adjudication Orders for Lack of Jurisdiction and Limitation. Petitioners' challenge to show cause notices and adjudication orders under FEMA fails as writ petitions are not maintainable against mere show cause notices and are barred by delay and laches.

19 Nov 2022

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India challenging show cause notices and adjudication order...

High Court

Bombay High Court Sets Aside Opinion of Adjudicating Authority Under FEMA for Failure to Supply Documents and Provide Reasons. The Court Directs That All Documents Referred to in the Complaint Must Be Furnished and That the Opinion Under Rule 4 of the Adjudication Rules Must Be a Reasoned Order.

6 Feb 2014

The writ petition was filed by Lalit Kumar Modi, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the India...

Supreme Court

Supreme Court Remands FEMA Case to High Court for Fresh Consideration Due to Failure to Examine Material Evidence. High Court's Assumption That No Evidence Was Filed Was Contrary to Record, Requiring Remand Under Section 8 and Section 42 of FEMA, 1999.

22 Apr 2019

The Supreme Court dealt with appeals arising from a High Court judgment that had allowed appeals by the Union of India and dismissed a writ petition b...

High Court

Bombay High Court Dismisses Appeal Against Full Predeposit of Penalty in FEMA Case — No Undue Hardship or Prima Facie Case Established. Appellant failed to demonstrate financial hardship or strong case on merits for waiver of predeposit under Section 19(1) of FEMA, 1999.

26 Apr 2012

The Appellant, Rajkumar Shivhare, was proceeded against for violation of Section 3(c) of the Foreign Exchange Management Act, 1999 (FEMA) for allegedl...

High Court

High Court of Judicature at Bombay hears writ petition against order rejecting preliminary objection to show cause notice under Section 49(3) of FEMA – Petitioners challenge validity of notice on limitation ground. Interpretation of 'take notice' in Section 49(3) in light of Rule 3 of Adjudication Proceedings and Appeal Rules, 1974 is central.

16 Dec 2010

The dispute arose from a show cause notice issued by the Assistant Director, Enforcement Directorate on 31 May 2002, calling upon Star India Private L...

High Court

Bombay High Court Upholds Penalty for FEMA Violations in Bogus Export Case — Appellant Director Held Liable for Receiving Remittances Without Actual Exports Under Sections 3(b) and 3(d) of FEMA.

28 Mar 2012

The case involves an appeal under Section 35 of the Foreign Exchange Management Act, 1999 (FEMA) against an order of the Appellate Tribunal for Foreig...

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