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Supreme Court Remands FEMA Case to High Court for Fresh Consideration Due to Failure to Examine Material Evidence. High Court's Assumption That No Evidence Was Filed Was Contrary to Record, Requiring Remand Under Section 8 and Section 42 of FEMA, 1999.

The Supreme Court dealt with appeals arising from a High Court judgment that had allowed appeals by the Union of India and dismissed a writ petition b...

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Gujarat High Court Allows Petitions in SEZ Matter Due to Amendment of Rule 80 of SEZ Rules, 2006 — Impugned Orders Quashed as Proceedings Become Infructuous. Petitioners' challenge under Foreign Trade Act and SEZ Act succeeds as amendment renders orders unsustainable.

The present group of petitions was filed by Messrs Polyrec Processors Pvt. Ltd. and another against the Union of India and others, challenging orders ...

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High Court of Judicature at Bombay Hears Customs Appeals on Domestic Clearance of Duty-Free Input Products Under Advance Authorizations. Core Issue Whether Tribunal Correctly Interpreted Foreign Trade Policy 2004-2009 Paras 4.1.3 and 4.1.5 to Permit Domestic Sales Before Export Obligation Fulfillment.

The High Court of Judicature at Bombay heard a batch of 17 customs appeals filed by various companies and individuals against three Commissioners of C...

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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.

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 ...

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Bombay High Court Dismisses Petition Challenging FEMA Show Cause Notices Against BCCI President. Section 42 of FEMA applies to persons in charge of and responsible for the conduct of business of a company, and the petitioner as President is covered.

The petitioner, Shashank Vyankatesh Manohar, was the President of the Board of Control for Cricket in India (BCCI) from 2008 to 2011. During this peri...