Search Results for "FERA violation"

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Search Results for "FERA violation"

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Supreme Court

Supreme Court Allows Appeals in FERA Case Due to Non-Compliance with Mandatory Opportunity Notice and Violation of Speedy Trial. The Court quashed criminal complaints and summoning orders against Standard Chartered Bank and its officer for offences under FERA, holding that the proviso to Section 61(2) of FERA requires a mandatory opportunity notice before prosecution, and that inordinate delay of over 20 years violated Article 21.

21 Jul 2026

The case involves appeals by Standard Chartered Bank and its officer against the judgment of the Bombay High Court, which declined to quash two crimin...

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...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

High Court

Bombay High Court Dismisses Union of India's Appeal for Condonation of Delay in FERA Matter Due to Lack of Sufficient Cause. Delay of 570 days in filing appeal against Appellate Tribunal for Foreign Exchange order not condoned as explanation of administrative delays and file movements was not satisfactory.

7 Feb 2012

The Union of India filed a Civil Application under Section 5 of the Limitation Act, 1963 seeking condonation of a 570-day delay in filing an appeal ag...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

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...

High Court

Bombay High Court Partially Allows Challenge to SAFEMA Forfeiture Order — Agricultural Land Acquired Prior to Detention Exempt from Forfeiture. Property acquired before the 'illegal' period under Section 2(2)(b) of SAFEMA cannot be forfeited; appellate authority's order partly confirmed.

27 Feb 2012

The petitioner, Ranchhodbhai Bhagwanbhai Tandel (since deceased, through his legal heir Naresh Ranchhodbhai Tandel), filed a criminal writ petition un...

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 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 Quashes COFEPOSA Detention Order Due to 30-Year Delay in Execution — Inordinate Delay Snaps Live Link Between Grounds and Detention Purpose. Detention Order Under Section 3(1) of COFEPOSA Act Set Aside as Stale Grounds Violate Right to Representation Under Article 22(5) of Constitution.

27 Sep 2023

The petitioner, Abdul Rasheed alias Basheer, challenged a detention order dated 17th May 1993 passed under Section 3(1) of the Conservation of Foreign...

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