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FEMA - Case Laws

Showing 561 to 580 of 621 Records

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  • 1985 (9) TMI 345

    ... ...
    ... ... Appellate Board for deciding it afresh in accordance with law. The application dated 18th February, 1974 (Ex. 24) be decided after affording an opportunity to the parties of being heard. (7) The record of the Appellate Board be returned immediately.


  • 1985 (9) TMI 219

    ... ...
    ... ... uld have acted with greater dispatch but having regard to the circumstances of the case, we think that appellant should be enabled to agitate the questions arising on the appeal on the merits. 10. I.A.I, is accordingly allowed and the delay condoned.


  • 1985 (4) TMI 323

    officer must have reason to believe that the incomes, profits or gains chargeable to income-tax have been under-assessed, then alone he can take action. whether these grounds are adequate or not is not a matter for the court to investigate.


  • 1985 (2) TMI 309

    ... ...
    ... ... the currency seized from the petitioner oil or before 12th June 1985. The rule nisi is made absolute in the above terms and the writ petition will stand allowed as indicated above. There will be, however, no order as to costs. 12. Petition allowed.


  • 1985 (2) TMI 145

    ... ...
    ... ... ourt in Sher Moha-mmad rsquo s case, the detention of the petitioner is quashed and we order accordingly. We direct that the petitioner be set at liberty forthwith unless required to be detained under any other valid order of an authority or a court.


  • 1984 (8) TMI 200

    Foreign exchange - Seizure and penalty not maintainable, if dealings in foreign exchange of foreign national not proved


  • 1984 (5) TMI 264

    ... ...
    ... ... is that the appeal succeeds and is allowed. The judgment and order of the High Court is set aside and the order of detention passed by the District Magistrate under sub-s. (3) of s. 3 of the National Security Act, 1980 is maintained. Appeal allowed.


  • 1984 (3) TMI 416

    ... ...
    ... ... re set aside and the case is sent back to the Additional Director, Enforcement, i.e. the adjudicating officer, for re-trial and decision afresh after hearing both the parties. The record of the case summoned earlier be sent back forthwith. No costs.


  • 1984 (3) TMI 375

    ... ...
    ... ... s a result of the above discussion, this appeal succeeds and is allowed to the extent indicated above. The appellant will be entitled to the refund of ₹ 15,000/- out of the sum of ₹ 20.000/- if already deposited by him by way of penalty.


  • 1984 (2) TMI 353

    ... ...
    ... ... fail and will accordingly stand dismissed. The trial Court, is however, instructed to dispose of the case according to merits, and not to be influenced in any manner, by the dismissal of this petition, or by any of the observations contained herein.


  • 1984 (2) TMI 316

    Whether order of detention is illegal, null and void ab initio and inoperative and be quashed? - Held that - Non- application of mind of the Detaining Authority to the material placed before him before he passed the impugned order of detention dated 19.12.1974 and the failure of the appellant to supply copies of the documents clearly and unmistakably relied upon for arriving at the subjective satisfaction that the respondent s detention under COF....... + More


  • 1984 (2) TMI 229

    ... ...
    ... ... nation. The authorities are, however, under an implied duty to warn the petitioner before examination that if they made a statement, it could be used against them. The impugned orders of the learned Additional Sessions Judge are modified accordingly.


  • 1984 (1) TMI 332

    ... ...
    ... ... vided under Section 59 of the Act. 4. In this view of the matter, this appeal succeeds and is allowed. The order of the Board is set aside. The appellant is not found guilty of any charge framed against him and he is, thus liable to no penalty.


  • 1984 (1) TMI 190

    ... ...
    ... ... reduced from Rs. 6,000/- to Rs. 5,000/- only. 5. emsp Consequently, S.A.O No. 53 of 1983, fails and is dismissed whereas S.A.O. No. 67 of 1982 is partly accepted to the extent that the penalty imposed is reduced from Rs. 6,000/- to Rs. 5,000/- only.


  • 1983 (9) TMI 201

    ... ...
    ... ... ts, we hold that the learned Collector was unjustified in directing confiscation of the cash amount and imposing the penalty. We, therefore, set aside his order and direct that the cash seized from the house of the appellant shall be returned to him.


  • 1983 (3) TMI 259

    Whether the detaining authority had applied its mind to the relevant facts and circumstances bearing on the question of the petitioner s detention? - Held that - The order of detention was issued, that is to say passed, on November 7, 1981 and we must have regard to the state of circumstances which were in existence on that date. Shri Capoor seems to suggest that the Advisory Board s opinion dated October 19, 1981 came into existence after he had....... + More


  • 1983 (3) TMI 170

    ... ...
    ... ... and amended from time to time at the sweet will and pleasure of the parties. The said contract could not be regarded as any firm commitment. On this ground alone the petitioner is not entitled to any relief. 86.The petitions are dismissed with costs.


  • 1982 (10) TMI 206

    Whether such delay was justified by existence of any exceptional circumstances as required by s. 3 (3) of the COFEPOSA for in the absence of exceptional circumstances delay beyond normal period of five days would be a breach of the constitutional as well as the legislative mandate? - Held that - In the instant case, for instance, if the alleged exceptional circumstances were communicated to the detenu at the time of the delayed supply of the conc....... + More


  • 1982 (7) TMI 264

    ... ...
    ... ... f his own wrong. This is not the department’s case in the present matter. 8.  In the result, the rule is made absolute in terms of prayers (a) and (b). The respondents to pay the costs of the petition to the petitioner on the usual scale.


  • 1982 (5) TMI 179

    Whether the detention continued to be justified on the date of the report of the Advisory Board, even if it was justified on the date of the making of the order of detention? - Held that - The order of detention was made on 7.1.82 and the consideration by the Advisory Board was on 8.2.82. The passage of time was not so long nor had any circumstances intervened to justify any compartment-wise consideration of the justification for the detention on....... + More


 
 
 
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