Search Results for "Foreign Exchange Regulation Act, 1947"

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Supreme Court Upholds Constitutional Validity of Gold (Control) Act, 1968 with Partial Striking Down. Court holds delegation of power to Administrator not excessive and applies severability doctrine to sever ultra vires provisions.

The case arose from a constitutional challenge to the Gold (Control) Act, 1968, enacted to curb gold smuggling and control internal gold transactions ...

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Bombay High Court Dismisses Appeal in Foreign Exchange Case — Domicile Claim Rejected for Lack of Evidence. Plaintiff failed to prove domicile in Goa and jurisdiction of show cause notices under Foreign Exchange Regulation Act, 1947.

The appellant, Gangadhar Narsingdas Agarwal, filed a suit in the City Civil Court, Bombay, seeking a declaration that he had been domiciled in Goa sin...

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Bombay High Court Dismisses Revenue's Writ Petition in Customs Smuggling Case — CEGAT Order Upheld for Lack of Evidence. Confiscation of Foreign Currency Set Aside as Revenue Failed to Prove Smuggling or Fraudulent Procurement of Currency Declaration Form Under Customs Act, 1962.

The Union of India, through the Commissioner of Customs (Preventive), Mumbai, filed a writ petition under Articles 226 and 227 of the Constitution of ...

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Supreme Court Dismisses Appeals Challenging Circular Denying Export Incentives to Purchasers from 100% EOU. Clarification That Exports Through EOUs Are Ineligible Under VKGUY Scheme Is Valid and Not Contrary to Foreign Trade Policy.

The case involves appeals by M/s. Nola Ram Dulichand Dal Mills and others against the Union of India and others, challenging a circular dated 21st Jan...

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Supreme Court Hears Appeals on Forum for Trial in SEBI Act Cases — Retrospective Application of 2002 and 2014 Amendments Disputed. Court Considers Whether Change from Magistrate to Sessions Court and Subsequent Special Courts Affects Pre‑2002 Offences Still Pending.

This batch of appeals and petitions before the Supreme Court concerned the proper forum for trial of offences under the Securities and Exchange Board ...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Bombay High Court Dismisses Petition Challenging Validity of Regulations Requiring Additional Examination for Customs House Agents Licenses. No Vested Right to License Arises from Passing Examination Under Repealed Regulations.

The Bombay High Court dismissed a writ petition filed by the Bombay Custom House Agents Association and two individual members challenging the constit...

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Bombay High Court Dismisses Complainant's Challenge Against Discharge of Accused in Import Export Act Case. Complaints under Section 5 of Import and Export (Control) Act, 1947 were not maintainable as the Act stood repealed and complaints lacked valid sanction.

The Deputy Chief Controller of Import & Export, Mumbai, filed separate complaints against various accused before the Metropolitan Magistrate, 19th Cou...

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Bombay High Court Dismisses DRI Appeal Against Acquittal in Gold Smuggling Case — Conscious Possession Not Proved. Trial Court's acquittal upheld as prosecution failed to establish that respondent had knowledge and control over gold bars recovered from her residence.

The case pertains to a criminal appeal filed by the Union of India (through the Directorate of Revenue Intelligence, DRI) against the acquittal of Smt...