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Indian Laws - Highlights / Catch Notes

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Prohibition on dealing in Virtual Currencies - power of RBI - ...


RBI's Power to Ban Virtual Currencies Questioned; Must Prove Harm to Justify Actions Under Proportionality Rule.

March 9, 2020

Case Laws     Indian Laws     SC

Prohibition on dealing in Virtual Currencies - power of RBI - While we have recognized elsewhere in this order, the power of RBI to take a pre-emptive action, we are testing in this part of the order the proportionality of such measure, for the determination of which RBI needs to show at least some semblance of any damage suffered by its regulated entities. But there is none. While we have recognized elsewhere in this order, the power of RBI to take a pre-emptive action, we are testing in this part of the order the proportionality of such measure, for the determination of which RBI needs to show at least some semblance of any damage suffered by its regulated entities. But there is none. - there is nothing irrational about the acceptance of a technological advancement/ innovation, but the rejection of a by-product of such innovation. There is nothing like a “take it or leave it” option. - SC

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