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Forex - Judgement
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Documents Found: 26   
Title Forum  Year
V. Bhaskaran vs Special Director of Enforcement Foreign Exchange Regulation Act 1973: Reasonable opportunity to delinquent before instituting adjudication-Five days afforded in opportunity notice not bereft of opportunity to delinquent-The provisions of s.51 of the Foreign Exchange Regulation Act 1973 contemplated reasonable opportunity to be afforded to the delinquent before institu [LexDoc Id : 425001]
HC (Chennai) 2011
Ketan V. Parekh and Panther Fincap and Management Services Ltd. vs ED and Anr. Imposition of penalty for violation of s.3(d) and s.6(3)(e)of FEMA 1999: Tribunalís direction to deposit 50 percent of penalty amount-Non-mention in applications for condonation of delay that remedy prosecuted before a wrong forumwith due diligence and in good faith, Sole object to delay compliance with tribunalís direction, Order dismissing applications upheld-Penalty for violation ofs.3(d) and s.6(3)(e) of the Foreign Exchange Management Act 1999 was imposed on the appellants. On appeal, the tribunal direct [LexDoc Id : 419954]
SC 2011
Minar Exports vs Enforcement Committee and Ors. [LexDoc Id : 418478]
HC (Bombay) 2011
UOI vs Hassan Ali Khan and Anr. Offence of money laundering: Grant of bail to accused-Allegations that monies recovered were proceeds of crime and tainted, Burden to rebut allegations on accused, Bail cancelled on apprehension of accused absconding-During a search in the premises owned and/or possessed by the respondent, certain documents containing several transfer instructions said to have been [LexDoc Id : 417473]
SC 2011
Brentfield Travels Co. (P) Ltd. vs RBI and Anr. FEMA 1999: Power to compound contravention-No absolute right to claim a compounding of contraventions, Powers of competent authority-There was no absolute right to claim a compounding of contraventions. It was for the competent authority to decide as to whether the contravention was [LexDoc Id : 417572]
HC (Bombay) 2011
Indian Social Action Forum (INSAF) vs UOI Foreign Contribution (Regulation) Rules 2011: Challenge to rule 3-Rule 3 within the scope of purview of rule making power, Rules not ultra vires the Foreign Contribution (Regulation) Act 2010-The provisions of rule 3 of the Foreign Contribution (Regulation) Rules 2011 effectuated s.3(1)(f) and s.5(1) of the Foreign Contribution (Regulation) [LexDoc Id : 416818]
HC (Delhi) 2011
Nina Padma Singh vs UOI and Ors. Maintainability of writ petition: Challenge to order deleting penalties by contending non-impleadment in appeal-Petitioner not a necessary or a proper party in appeal, Impugned order further appealable before high court, Alternative remedy available, Petition not maintainable-The Enforcement Directorate (ED) had levied penalties on fourth respondent-bank and seventh respondent for granting of loan to the petitioner-NRI, who [LexDoc Id : 414798]
HC (Delhi) 2011
Adarsh Kaur Gill vs Assistant Director and Ors. [LexDoc Id : 414223]
HC (Delhi) 2011
Shabbirbhai Bookwala vs State of Maharashtra, Nandkumar Jantra and Ors. [LexDoc Id : 413172]
HC (Bombay) 2011
Rajkumar Shivhare vs UOI Foreign Exchange Management Act 1999: Appeal to the high court-No provision in Act excluding the applicability of s.14 of Limitation Act 1963-The Foreign Exchange Management Act 1999 constituted special legislation on the subject and, hence, the limitation prescribed for filing an appeal bef [LexDoc Id : 413576]
HC (Bombay) 2011
Larsen and Toubro Ltd. and Anr. vs UOI and Ors. [LexDoc Id : 409038]
SC 2011
UOI vs Ashok J. Ramsinghani Appeal to high court: Condonation of delay-Appeal filed under s.35 of FEMA, Condonation of delay not to be beyond 60 days as per s.35, Delay of 291 days in filing appeal not condonable-Show cause notice was issued to the respondent within the period of two years from the commencement of Foreign Exchange Management Act 1999. The respo [LexDoc Id : 409047]
HC (Bombay) 2011
Texem Engg. vs Texcomash Export [LexDoc Id : 408723]
HC (Delhi) 2011
ED vs M. Shamba Shiva Rao Power to summon persons to give evidence and produce documents-Acquittal upheld-Before a person could be held to be guilty of disobeying the summons, the summons should be served on him and he should have wilfully disobeyed the su [LexDoc Id : 410597]
HC (Delhi) 2011
Thirumalai Chemicals Ltd. vs UOI and Ors. Appeal to Appellate Tribunal-Procedure prescribed by FEMA-The Supreme Court, on the question whether the tribunal was justified in dismissing the appeals preferred under s.19(1) of the Foreign Exchange Manage [LexDoc Id : 410951]
SC 2011
Binod Kumar vs State of Jharkhand and Ors. [LexDoc Id : 406706]
SC 2011
S. Baskar vs ED Illegal possession of foreign currency: Order directing adjustment of penalty amount from seized amount and release of balance amount to appellant set aside by tribunal-Possession of foreign currency not traced to any legitimate source of acquisition, No legal infirmity in tribunalís order, Appeal dismissed-The appellant was found in possession of US$ 20,000. The Deputy Director, Enforcement Directorate after holding an enquiry found the appellant guilty [LexDoc Id : 419193]
HC (Karnataka) 2011
Esab India Ltd. vs ED Act not to apply to certain organisations-S.24 not arbitrary and unreasonable to invite the wrath of article 14-The petitioner was engaged in the business of welding equipments, building infrastructure, etc. Adjudication proceedings were initiated against it. It [LexDoc Id : 406511]
HC (Delhi) 2011
N and S and N Consultants vs SRM Exploration (P) Ltd. Winding up: Inability to pay debts-Guaranty declaration a contract enforceable under law-The petitioner, a foreign company, executed a stock purchase and sale agreement with the purchaser for sale of 100 percent equity shares owned by it i [LexDoc Id : 405822]
HC (Delhi) 2011
Jumbo Bags Ltd. vs CC [LexDoc Id : 412941]
CESTAT (Chennai) 2011
Kartik K. Parekh vs Appellant Tribunal for Foreign Exchange Condonation of delay: Expression Ďwithin thirty days from todayí meaning within thirty days of passing the order-Appeals filed beyond the period permitted, Delay not condonable-The appellants had contended that Delhi High Court had given liberty to them to file appeals in terms of a judgment of Apex Court wherein liberty was [LexDoc Id : 419480]
HC (Bombay) 2011
Radheshyam Kejriwal vs State of West Bengal and Anr. Prosecution under FERA, 1973-Exonerate in adjudication proceedings-Where an accused was exonerated on merits in adjudication proceedings, the criminal proceedings cannot continue. If the accused was exonerated on tech [LexDoc Id : 403639]
SC 2011
Mukesh Kumar Gupta vs State Restrictions on dealing in foreign exchange: Receipt of illegal gratification-Failure to establish foundational facts to justify prosecution, Exoneration of petitioner on merits, Complaint quashed-The second respondent-Enforcement Directorate had filed a complaint whereunder a disclosure was made by the then captain of South African cricket team [LexDoc Id : 410481]
HC (Delhi) 2011
Rajasthan Udhyog vs Assistant Director (Enforcement) Agr. and Anr. [LexDoc Id : 413517]
HC (Rajasthan) 2011
Boots Pharmaceuticals Ltd. vs Rajinder Mohindra and Anr. [LexDoc Id : 401730]
HC (Delhi) 2011
 
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