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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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Madras High Court Allows Appeals of Travel Agencies in Service Tax Export Case — Services Rendered to Foreign Clients Abroad Constitute Export of Service Under Finance Act, 1994. Extended Period of Limitation Under Section 73 of Finance Act, 1994 Cannot Be Invoked Without Suppression or Fraud.

The Madras High Court allowed two appeals filed by M/s. Translanka Air Travels Pvt Ltd and M/s. ETA Travel Agency Pvt Ltd against orders of the Custom...

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Bombay High Court Quashes Detention Order Under COFEPOSA for Non-Application of Mind and Non-Supply of Vital Documents. Detenu's Retraction of Statement and Bail Conditions Ignored, Violating Article 22(5) of the Constitution.

The petitioner, son of the detenu Bittu Choith Harchandani, challenged a detention order dated 16.4.2015 passed by the second respondent under Section...

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Bombay High Court Allows FERA Appeals Against Penalty for Irregular Release of Foreign Exchange by Full Fledged Money Changer. Show Cause Notice Held Vague for Not Specifying Which RBI Directions Were Violated.

The case involves appeals by Trade Wings Ltd., its managing director V.S. Ubhayakar, and director Kirti T. Shah against an order of the Appellate Trib...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution.

The case involves two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against Sleepwell Industries...

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Supreme Court Dismisses Appeals Against Enforcement of Foreign Arbitral Awards Under Part II of Arbitration and Conciliation Act, 1996 — Holds That Objections to Enforceability Must Be Raised Under Section 48 and That Pendency of Civil Suit Does Not Bar Execution

The Supreme Court dismissed two special leave petitions filed by LMJ International Ltd. and Sri Munisuvrata Agri International Ltd. against the judgme...

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Bombay High Court Enforces Foreign Arbitral Award in Agency Dispute — Award Declared Enforceable as Decree. Foreign Award Under Sections 46-49 of Arbitration & Conciliation Act, 1996 Upheld as No Grounds for Refusal Under Section 48 Established.

The petitioner, Mitsui OSK Lines Ltd., a Japanese shipping company, filed a petition under Sections 46 to 49 of the Arbitration and Conciliation Act, ...

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Supreme Court Dismisses Challenge to FCRA Provisions on Political Nature Declaration. Right to Receive Foreign Contribution Not a Fundamental Right Under Article 19; Guidelines in Rule 3 Not Vague or Arbitrary.

The appellant, Indian Social Action Forum (INSAF), a registered society involved in resisting globalization, combating communalism, and defending demo...

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Bombay High Court Allows FERA Appeal: Tribunal Erred in Affirming Penalty for Alleged Contravention of Section 9(1)(f)(i) of FERA 1973 — Remittances Protected Under Remittances in Foreign Exchange (Immunities and Exemptions) Act, 1991 and Scheme of 1991.

The appellants, four individuals, received US$ 25,000 each in their savings bank accounts with Bank of Baroda on or about 12 October 1991, totaling US...

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Bombay High Court Dismisses Petition by Domestic Bidder Challenging Contract Award to Foreign Company. Price Preference Claim Rejected for Non-Compliance with Bid Conditions.

The Petitioner, Punj Lloyd Ltd., a domestic company, filed a writ petition under Article 226 of the Constitution challenging the award of a contract b...