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FEMA - Highlights / Catch Notes

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


High Court Dismisses Appeals: Petitioner Must Use Section 37A(5) FEMA Act Before Approaching Under Article 226.

December 1, 2022

Case Laws     FEMA     HC

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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