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Search Results for "FEMA adjudication"

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Supreme Court

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.

1 Aug 2026

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

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...

Supreme Court

Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

5 Mar 2020

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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 Disposes of News Broadcaster's Petition Challenging RBI Refusal to Accept Compounding Applications Under Foreign Exchange Management Act. The Court Examines the Compounding Process and the Validity of the 2017 Amendment to Rule 8(2) Barring Compounding When Section 37A Proceedings Are Contemplated.

26 Jun 2018

The petitioner, a public limited news broadcasting company, filed a writ petition under Article 226 of the Constitution of India challenging the actio...

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 Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

8 May 2015

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

High Court

Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

8 May 2015

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

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 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 ...

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