Search Results for "FEMA"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...
Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Ac...
High Court of Karnataka Allows EPF Organisation's Writ Petition for Priority Pay...

Search Results for "FEMA"

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High Court

Bombay High Court Allows Writ Petitions Challenging FEMA Adjudication Orders on Ground of Lack of Jurisdiction of Special Director (Appeals) to Entertain Appeals Against Orders Passed by Assistant Director Under Section 52 of FEMA, 1999. The court held that appeals under Section 52 of FEMA lie only against orders of Special Director or Additional Director, not Assistant Director, and Section 49 savings clause does not confer jurisdiction.

13 Jul 2006

The judgment involves four writ petitions filed by Premier Limited, Godrej Industries Limited, A.B. Godrej, and N.B. Godrej challenging orders passed ...

Supreme Court

Supreme Court Allows Union of India's Appeal in FERA Repeal Case — Appeal Against Post-Repeal Adjudication Order Lies Before Appellate Tribunal Under Section 19 of FEMA, Not Special Director (Appeals) Under Section 17 of FEMA. The Court held that the saving clause in Section 49 of FEMA does not preserve the appellate forum under FERA for orders passed after repeal, and the appellate forum is determined by the date of the order.

29 Jan 2019

The Supreme Court allowed the appeal filed by the Union of India against the judgment of the Bombay High Court. The controversy centered on the proper...

High Court

Bombay High Court Dismisses Condonation of Delay Application in FERA/FEMA Appeal — Limitation Period Governed by FERA Section 54, Not FEMA Section 49(5)(c). The court held that the appeal against the Appellate Tribunal's order under FEMA is governed by the limitation period under Section 54 of FERA, which is 60 days, and the High Court cannot condone delay beyond that period.

4 May 2011

The Union of India, through the Directorate of Enforcement, filed a Civil Application seeking condonation of 291 days delay in filing an appeal agains...

High Court

Bombay High Court Dismisses Winding Up Petition Against Hubtown Ltd. Based on Bona Fide Dispute of Debt. Corporate Guarantee Enforcement Requires Prima Facie Case of Default and Absence of Substantial Dispute Under Section 433(e) of Companies Act, 1956.

8 May 2015

The petitioner, IDBI Trusteeship Services Ltd., filed a company petition under Section 433(e) of the Companies Act, 1956 seeking winding up of Hubtown...

High Court

Bombay High Court Allows Summary Judgment for Debenture Trustee in Recovery Suit Against Corporate Guarantor. Defendant's Triable Issues Found to be Sham and Moonshine, Entitling Plaintiff to Judgment Under Order 37 CPC.

8 May 2015

The plaintiff, IDBI Trusteeship Services Ltd., filed a summary suit under Order 37 of the Code of Civil Procedure, 1908, against the defendant, Hubtow...

Supreme Court

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.

5 Mar 2020

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

High Court

High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor.

10 Jun 2024

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the ...

High Court

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.

15 Sep 2014

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)...

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 Dismisses Union of India's Appeal for Condonation of Delay in FERA Matter Due to Lack of Sufficient Cause. Delay of 570 days in filing appeal against Appellate Tribunal for Foreign Exchange order not condoned as explanation of administrative delays and file movements was not satisfactory.

7 Feb 2012

The Union of India filed a Civil Application under Section 5 of the Limitation Act, 1963 seeking condonation of a 570-day delay in filing an appeal ag...

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