Current account treatment of overseas tournament services removed most FEMA findings, but excess EEFC remittance and delayed repatriation remained bre...
FEMA bars civil court adjudication where the dispute concerns alleged contravention, because the statutory scheme of adjudication, penalty, confiscation and appeal is a complete code for that issue. A sale deed challenged solely as void for violating FEMA could not be declared null and void by a civil court, especially where the FEMA authorities had already found contravention and imposed only penalty without confiscation. FEMA contravention does not, by itself, make the transfer void under the Contract Act or the Transfer of Property Act. The decree for partition was sustained only for the admitted ancestral Schedule 'A' property, while the relief relating to Schedule 'B' property was set aside.
FEMA bars civil court adjudication where the dispute concerns alleged contravention, because the statutory scheme of adjudication, penalty, confiscation and appeal is a complete code for that issue. A sale deed challenged solely as void for violating FEMA could not be declared null and void by a civil court, especially where the FEMA authorities had already found contravention and imposed only penalty without confiscation. FEMA contravention does not, by itself, make the transfer void under the Contract Act or the Transfer of Property Act. The decree for partition was sustained only for the admitted ancestral Schedule 'A' property, while the relief relating to Schedule 'B' property was set aside.
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