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FEMA - Highlights / Catch Notes

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Violation of principles of natural justice by the Adjudicating ...


Unfair denial of hearing to non-family member in FERA case, remanded for fresh hearing under FEMA.

Case Laws     FEMA

September 18, 2024

Violation of principles of natural justice by the Adjudicating Officer/Authority in denying opportunity of hearing to appellant A.P. Parekh, who was not a member of the Kamani family, in contraventions of FERA case. Matter remanded back for fresh hearing by appropriate authority under FERA or FEMA, as FERA has been repealed by FEMA 1999. Department directed to place appellant's case before equivalent rank authority for providing opportunity of hearing, which may be the Adjudicating Authority under FEMA.

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