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High Court of Karnataka Dismisses Enforcement Directorate's Appeal Against Stay of Freezing Order Under FEMA — Communication to Banks to Freeze Accounts Without Statutory Authority Held Illegal

The case involves an appeal filed by the Office of the Joint Director, Directorate of Enforcement, Bangalore Zonal Office, and the Assistant Director ...

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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.

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

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Bombay High Court Dismisses Petition Challenging FEMA Show Cause Notices Against BCCI President. Section 42 of FEMA applies to persons in charge of and responsible for the conduct of business of a company, and the petitioner as President is covered.

The petitioner, Shashank Vyankatesh Manohar, was the President of the Board of Control for Cricket in India (BCCI) from 2008 to 2011. During this peri...

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Bombay High Court Allows Exclusion of Time Under Section 14 of Limitation Act for Appeal Under Section 35 of FEMA — Appellant Bona Fide Pursued Remedies Before Wrong Forum

The appellant, Rajkumar Shivhare, was issued a show cause notice under Section 3(C) of the Foreign Exchange Management Act, 1999 (FEMA) on 12 January ...

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Bombay High Court Allows Petition for Return of Passport Withheld Under FEMA Due to Non-Constitution of Appellate Authority. Court Directs Return of Passport Subject to Deposit of Balance Penalty and Undertaking Not to Travel Abroad Without Permission.

The petitioner, Mr. Kirit R. Kanakiya, filed a Criminal Writ Petition before the Bombay High Court challenging the withholding of his passport by the ...

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High Court of Bombay Considers Whether an Authorised Dealer Compliant with RBI's FLM Instructions Can Be Held Liable under Sections 6(4) and 6(5) of FERA; Maintainability Not Disputed Despite Co-Noticees' Failure to Appeal.

This matter concerns two appeals filed under the Foreign Exchange Management Act (FEMA) before the High Court of Bombay, challenging an order of the A...