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Search Results for "FEMA adjudication"

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Supreme Court

Supreme Court Dismisses Appeal to Enforce English Summary Judgment in Guarantee Dispute — Foreign Judgment Held Unenforceable for Violating Principles of Natural Justice Under Section 13 CPC. Summary judgment passed after denying leave to defend is not conclusive and cannot be enforced in India.

1 Jan 2026

The dispute arose from a Share Purchase and Co-operation Agreement (SPCA) executed on 12.05.1995 between (appellant, a foreign company) and (responden...

High Court

Bombay High Court Dismisses Appeals Against Consent Terms Recording Satisfaction of Arbitral Award as Not Maintainable. Execution of Arbitral Award Governed by Arbitration Act, Not Commercial Courts Act; Appeals Confined to Section 37 of Arbitration Act.

14 Dec 2024

The Bombay High Court dismissed three commercial appeals filed by Usha Kakade, Sanjay Kakade, and Kakade Construction Company Pvt. Ltd. against an ord...

Supreme Court

Supreme Court Allows Appellant in SEBI PFUTP Regulations Case Due to Non-Disclosure of Investigation Report. The Court Held That the Investigation Report Under Regulation 9 Must Be Disclosed to Ensure a Fair Hearing Under Principles of Natural Justice, as It Forms the Basis for the Show Cause Notice.

18 Feb 2022

The dispute arose from a show cause notice issued by SEBI to the appellant, alleging violations of the SEBI (Prohibition of Fraudulent and Unfair Trad...

High Court

High Court of Karnataka Quashes RBI's Rejection of Compounding Application Under FEMA — Rule 11 of Compounding Rules Cannot Be Invoked to Deny Compounding When Proceedings Are Pending Before Adjudicating Authority. The court held that compounding under Section 15 of FEMA is a statutory right and must be considered on merits, not mechanically rejected under Rule 11.

21 Oct 2021

The petitioner, Mrs. Joyce Lynn Peters, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the rejection of her...

Supreme Court

Supreme Court Quashes Penalty on Part-Time Director in FERA Contravention Case Due to Lack of Specific Findings on Responsibility. Liability Under Foreign Exchange Regulation Act, 1973 Requires Proof That Director Was in Charge of and Responsible for Conduct of Business at Relevant Time, Not Mere Directorship.

27 Jul 2020

The appeal arose from a penalty imposed on the appellant, a part-time non-executive director of Modi Xerox Ltd., for alleged contravention of the Fore...

High Court

Bombay High Court Dismisses Appeals Against Appointment of Receiver in Share Pledge Dispute. Court upholds appointment of Court Receiver as receiver of pledged shares under Section 9 of the Arbitration and Conciliation Act, 1996, finding that the appellant failed to make out a prima facie case for interference.

10 Aug 2019

The case involves two commercial appeals filed against an order of the learned Single Judge appointing the Court Receiver as receiver of certain pledg...

High Court

Bombay High Court Allows Cross-Examination in Customs Show Cause Proceedings - Right to Cross-Examine Witnesses Whose Statements Are Relied Upon Is a Fundamental Principle of Natural Justice

1 Mar 2018

The petitioner, Kalpena Industries Limited, a company incorporated under the Companies Act, 1956, engaged in manufacturing polyethylene/polypropylene ...

High Court

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.

3 Jul 2015

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

High Court

Bombay High Court Quashes Detention Order Under COFEPOSA Due to Non-Application of Mind and Unexplained Delay. Detenu's Exoneration in Adjudication Proceedings Not Considered by Detaining Authority, Rendering Order Invalid Under Section 3(1) of COFEPOSA Act, 1974.

6 Jul 2006

The petitioner, brother of the detenu Bherchand Tikaji Bora, challenged an order of detention dated 27th August 1998 passed under Section 3(1) of the ...

High Court

Bombay High Court Allows Petition for Return of Passport Withheld Under FEMA Due to Non-Constitution of Appellate Authority. Court Directs Return of Passport Subject to Deposit of Balance Penalty and Undertaking Not to Travel Abroad Without Permission.

9 Mar 2005

The petitioner, Mr. Kirit R. Kanakiya, filed a Criminal Writ Petition before the Bombay High Court challenging the withholding of his passport by the ...

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