HC dismissed writ petitions challenging show cause notices under ...

Show Cause Notices Under FEMA Sections 19(1) and 35 Valid Despite Delay, Statutory Appeals Must Be Exhausted First

February 1, 2025

Case Laws     FEMA     HC

HC dismissed writ petitions challenging show cause notices under FEMA, upholding preliminary objection regarding maintainability due to available statutory remedies. Court determined that existence of appellate mechanisms under Sections 19(1) and 35 of FEMA provided adequate alternative remedies. Allegations of bias and natural justice violations were rejected, as subordinate officer's affidavit did not indicate prejudgment by adjudicating authority. Regarding limitation period, Court held that five-year timeline cannot be universally applied, as reasonable delay depends on case-specific circumstances. Omission of Section 6(3)(b) FEMA did not invalidate show cause notices as provision remains applicable to past actions. Petitioners directed to pursue statutory appeals rather than invoke writ jurisdiction.

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