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FEMA - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Maintainability of appeal before High court - hierarchy of ...

FEMA

December 1, 2022

Maintainability of appeal before High court - hierarchy of forums - violation of the provisions of Section 4 of FEMA - Since the petitioner department can very well file an appeal under Section 37A(5) of the FEMA Act before the Appellate Tribunal, both these writ petitions cannot be proceeded further by this Court to decide the issue on merits by invoking the extraordinary power under Article 226 of the Constitution of India. - HC

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