Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
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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