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Search Results for "FERA appeal"

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High Court

Bombay High Court Allows Writ Petition for Interest on Seized Amount Returned Without Interest Under FERA. Court holds that interest is payable on amounts seized and retained by the Enforcement Directorate when ultimately returned to the owner, applying principles of restitution and equity.

4 May 2010

The petitioners, M/s R.K. Jewellers (a partnership firm) and M/s N.B. Exports (a proprietary concern), filed a writ petition under Article 226 of the ...

Supreme Court

Supreme Court Upholds Damages Against Employer in EPF Act Case for Default in Contributions. Levy of Damages Under Section 14B is Consequential Upon Default Without Requirement of Mens Rea for Breach of Civil Obligations.

23 Feb 2022

The appeals arose from a judgment of the High Court of Karnataka, which upheld an order for recovery of damages under Section 14B of the Employees Pro...

High Court

Bombay High Court Admits Writ Petition Filed by Noticee in FEMA Adjudication, Directs Returnable Rule on Issues of Cross-Examination and Joint Proceedings. The petition challenged the Special Director's refusal to permit cross-examination of witnesses and non-supply of co-noticees' replies in proceedings under the Foreign Exchange Management Act, 1999.

30 Jan 2018

Background: The petitioner, a former Vice President of the Board of Control for Cricket in India (BCCI) and Chairman of the Indian Premier League (IPL...

Supreme Court

Supreme Court Upholds Enforcement of Foreign Award Against NAFED in Groundnut Export Dispute — Government Refusal Does Not Excuse Breach Under FOSFA Contract. The court held that a canalizing agency cannot rely on its own lack of permission as a force majeure event under Clause 14 of the FOSFA 20 Contract, and enforcement of the award is not against public policy despite procedural irregularities.

22 Apr 2020

The case involves a dispute between National Agricultural Cooperative Marketing Federation of India (NAFED), a canalizing agency for the Government of...

High Court

Bombay High Court Dismisses Petitions Challenging FEMA Adjudication Orders for Lack of Jurisdiction and Limitation. Petitioners' challenge to show cause notices and adjudication orders under FEMA fails as writ petitions are not maintainable against mere show cause notices and are barred by delay and laches.

19 Nov 2022

The judgment pertains to two writ petitions filed under Article 226 of the Constitution of India challenging show cause notices and adjudication order...

High Court

Bombay High Court Considers Validity of AAIFR Order Setting Aside BIFR's Exclusion of ULC Land from Sick Company's Rehabilitation Scheme. The Court Examines Whether the Remand for Modification Was Justified Under SICA and ULC Provisions.

28 Feb 2014

The petitioner, Swayam Realtors and Traders LLP, filed a writ petition under Article 226 of the Constitution of India before the High Court of Bombay ...

High Court

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.

28 Mar 2012

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...

High Court

Bombay High Court Partially Allows Challenge to SAFEMA Forfeiture Order — Agricultural Land Acquired Prior to Detention Exempt from Forfeiture. Property acquired before the 'illegal' period under Section 2(2)(b) of SAFEMA cannot be forfeited; appellate authority's order partly confirmed.

27 Feb 2012

The petitioner, Ranchhodbhai Bhagwanbhai Tandel (since deceased, through his legal heir Naresh Ranchhodbhai Tandel), filed a criminal writ petition un...

High Court

Bombay High Court Division Bench Admitted and Heard Commercial Arbitration Appeal Challenging Single Judge's Refusal to Enforce Three Foreign Arbitral Awards Under Section 50 of Arbitration and Conciliation Act, 1996. Appeal Involves Enforcement Against Non-Signatory Related Companies and Alleged Asset Diversion Through Demerger Schemes to Defeat Execution of ICC London Awards Totaling Over USD 20 Million.

30 Dec 2025

The appeal originated from a dispute between Imax Corporation (appellant) and E-City Entertainment (I) Pvt. Ltd. (first respondent) arising from a Mas...

High Court

Bombay High Court Allows Appeal Against Confiscation of Foreign Exchange Under FERA Due to Lack of Evidence of Possession or Knowledge. The court held that the department failed to prove conscious possession of foreign exchange found in a cavity behind bathroom tiles, setting aside the order of confiscation and penalty under Sections 8(1) and 23(1) of the Foreign Exchange Regulation Act, 1947.

10 Jun 2005

The appellant, Hiralal Jain, challenged an order of adjudication passed under the Foreign Exchange Regulation Act, 1973 read with the Foreign Exchange...

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