Mis-declaration in import descriptions must be deliberate to justify confiscation; withheld contemporaneous import documents invalidate value redeterm...
Liability for EPCG export shortfall: duty and interest sustained, but confiscation and penalties quashed where no fraud and causes beyond importer con...
Writ jurisdiction may extend to a private bank when it acts as an Authorised Dealer under the FEMA-RBI framework and its refusal to process foreign exchange transactions is challenged as arbitrary. The article notes that contractual banking dealings do not exclude judicial review where a public law element exists, and that a clean-hands objection based on alleged suppression will not automatically bar a petition if the disputed facts are part of the main controversy. It also explains that the bank could require enhanced due diligence and refuse processing when later material raised sanctions-related concerns, with the writ court declining to reappreciate disputed commercial facts and no interference being made under Article 226.
Writ jurisdiction may extend to a private bank when it acts as an Authorised Dealer under the FEMA-RBI framework and its refusal to process foreign exchange transactions is challenged as arbitrary. The article notes that contractual banking dealings do not exclude judicial review where a public law element exists, and that a clean-hands objection based on alleged suppression will not automatically bar a petition if the disputed facts are part of the main controversy. It also explains that the bank could require enhanced due diligence and refuse processing when later material raised sanctions-related concerns, with the writ court declining to reappreciate disputed commercial facts and no interference being made under Article 226.
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