Search Results for "Enforcement Directorate"

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Bombay High Court Dismisses PIL Seeking Investigation into Financial Crimes by Corporate Entities and Public Officials. Court holds that a writ petition for registration of FIR is not maintainable when petitioner is not an aggrieved person and has alternative remedy under Section 156(3) CrPC.

The petitioner, Alpesh Navinchandra Gosalia, filed a criminal writ petition under Article 226 of the Constitution before the Bombay High Court seeking...

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Supreme Court Dismisses Transfer Petition in PMLA Case Seeking Venue Change from Lucknow to Ernakulam. Transfer Under Section 406 CrPC Not Granted as Accused Failed to Establish Exceptional Circumstances or That Place of Predicate Offence Determines PMLA Trial Venue Under Section 65 PMLA.

The Supreme Court considered a transfer petition filed by an accused in a Prevention of Money-laundering Act (PMLA) case seeking to transfer the proce...

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Supreme Court Quashes Summoning Order in PMLA Case Due to Lack of Territorial Jurisdiction. Special Court in Ghaziabad Lacked Jurisdiction as Money-Laundering Offence Allegedly Committed in Maharashtra, Under Section 44(1) of Prevention of Money-laundering Act, 2002.

The dispute arose from a writ petition under Article 32 of the Constitution of India challenging a summoning order issued by the Special Judge, Anti-C...

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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...

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Bombay High Court Enforces Foreign Arbitral Award in Favor of Award Holder Against Award Debtor. Court Rejects Objections Under Section 48 of Arbitration and Conciliation Act, 1996 for Non-Compliance, Incapacity, Natural Justice, and Public Policy.

The case concerns the enforcement of a foreign arbitral award dated 17th January, 2011 passed in London, UK, in favor of Vitol S.A. (the award holder)...

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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.

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...

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Financial Institutions Protected Against Coercive Action in FIRs Across Multiple States. Protection Against Criminal Proceedings for Financial Institutions - Interim Relief Modified and Clarified by Supreme Court

Acts Discussed: Constitution of India, 1950 Article 14 – Equality before the law Article 19 – Right to freedom Article 21 – Right to lif...