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Bombay High Court Delivers Judgment on Writ Petition Challenging Family Court's Custody Order in International Abduction Case. The Court Examined the Applicability of Hague Convention and Jurisdictional Overlaps Between Indian and Dutch Forums.

The judgment addresses a custody dispute between parents of a minor daughter, Insiya. The father, an Indian citizen, and the mother, a dual citizen of...

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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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Bombay High Court Allows Compounding Application in FEMA Case, Directs RBI to Consider on Merits. RBI's Refusal to Compound Contraventions on Ground of Sensitive Nature Requiring Investigation Set Aside as Unreasoned.

The petitioner, M/s. Brentfield Travels Co. Pvt. Ltd., filed a writ petition under Article 226 of the Constitution of India challenging an order dated...

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Supreme Court Allows Appeal Against SAFEMA Forfeiture Based on Invalid Detention Order — Detention Order Under COFEPOSA Quashed as Representation Not Considered Before Revocation, Forfeiture Set Aside

The case involves a challenge to the forfeiture of properties under the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976...

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Supreme Court Upholds Penalty on Managing Director in FEMA Violation Case — Failure to Complete Import Formalities Constitutes Continuing Offence. Liability under Section 10(6) of FEMA, 1999 attaches to person responsible for conduct of business regardless of change in management.

The appeal arose from complaint proceedings initiated by the Enforcement Directorate under Section 16(3) of the Foreign Exchange Management Act, 1999 ...

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WRIT PETITION NO. 17 OF 2004

The judgment pertains to four writ petitions filed by international airlines—Malaysian Airlines, Saudi Arabian Airlines, North West Airlines, and Ke...