The High Court examined the validity of an order issued u/s 17 ...

Validity of Order u/s 17 of FEMA challenged for lack of hearing opportunity. Writ petition allowed due to delay and violation of natural justice.

Case Laws FEMA

June 6, 2024

The High Court examined the validity of an order issued u/s 17 of FEMA, where petitioners claimed lack of hearing opportunity. The court ruled that availability of statutory appeal doesn't bar writ petition u/s Article 226 if fundamental rights or natural justice principles are violated. Lack of opportunity to challenge information gathered unfairly breached natural justice. Delayed penalty imposition for non-realization of export proceeds was unfair, as petitioners were not given a chance to defend against alleged contraventions. The first petitioner, no longer operational, faced unjustified delay in notice issuance after over a decade, leading to quashing of the order and demand notice in favor of the petitioners.

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The High Court examined the validity of an order issued u/s 17 ...

Validity of Order u/s 17 of FEMA challenged for lack of hearing opportunity. Writ petition allowed due to delay and violation of natural justice.

Case Laws FEMA

June 6, 2024

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