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Supreme Court Partially Strikes Down FCRA Amendment Act 2020 — Ban on Transfer of Foreign Funds and Mandatory Aadhaar Held Unconstitutional. The court upheld the requirement of a single FCRA account at SBI New Delhi as a reasonable regulatory measure to prevent misuse of foreign funds.

The judgment deals with a batch of writ petitions challenging the constitutional validity of certain amendments made to the Foreign Contribution (Regu...

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Supreme Court Allows Pension Arrears to Retired Bank Employee Despite Employer's Delay in Remitting Contribution. Employer's Obligation to Forward Pension Papers Cannot Be Withheld Due to Disciplinary Proceedings; Para 5(2) of Pension Scheme Held Ultra Vires to Deny Arrears.

The appellant, Issac T M, was an employee of the Idukki District Co-operative Bank Ltd from 1978 until his superannuation on 31 January 2007. The Gove...

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High Court Dismisses Postal Employee's Challenge to Dismissal Despite Acquittal in Criminal Case. Departmental findings upheld as acquittal does not automatically exonerate in disciplinary proceedings due to differing standards of proof; reliance on G.M. Tank v. State of Gujarat distinguished.

The petitioner, a Sorting Postman in the Postal Department, was dismissed from service on 25.9.2001 for misappropriation of two cash bags containing R...

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Bombay High Court Dismisses Suit for Interest on Frozen Bank Account — No Breach of Contract Found. Bank's Compliance with Customs Department Instructions to Freeze Account and Retain Amount in Suspense Account Without Interest Does Not Constitute Breach of Contract.

The Plaintiff, Veritas Exports, a proprietorship concern, filed a suit against the Defendant, Bank of Baroda, seeking a money decree for interest on a...

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High Court of Karnataka Quashes Interest Demand in ESI Act Case for Violation of Natural Justice. Failure to Issue Show Cause Notice Before Determining Interest Under Section 39(5) of Employees' State Insurance Act, 1948 Renders Order Unsustainable.

The petitioner, M/s. St. John's Medical College Hospital, an establishment covered under the Employees' State Insurance Act, 1948, challenged an order...

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Supreme Court Upholds Assessee Bank in Tax Dispute Over Appreciation of Blocked Foreign Exchange. Appreciation in Value of Pakistani Rupee Remittances Due to Devaluation Held Capital Receipt, Not Revenue Under Section 10 of Indian Income-tax Act, 1922.

The litigation concerned the tax treatment of appreciation in the value of foreign exchange held by a bank abroad, which arose upon devaluation of the...

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Bombay High Court Dismisses Enforcement Directorate Appeals in FERA Contravention Cases Due to Lack of Evidence and Limitation. Held that mere suspicion cannot substitute proof and that adjudication proceedings under FERA must be initiated within a reasonable time.

The case involves a batch of appeals filed by the Union of India through the Enforcement Directorate against orders of the Appellate Tribunal for Fore...