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        FEMA

        HC dismissed the writ petition filed by a foreign citizen of...

        Writ on foreign citizen's property deal rejected as FERA issues already settled; claim time-barred under FEMA s.49(3)

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                HC dismissed the writ petition filed by a foreign citizen of Indian origin challenging the legality of an immovable property acquisition and RBI's acceptance of Form IPI-7. It held the petition non-maintainable as the Division Bench, in prior RFAs between the same parties, had already adjudicated that the impugned transaction complied with FERA and RBI's Notification, including remittance through NRO/NRE/FCNR accounts and RBI's conditional acceptance of repatriation. The HC refused to reopen issues finally decided in the appeals and further noted that the petitioner was seeking relief under the repealed FERA beyond the limitation in FEMA s.49(3). The writ petition was dismissed, liberty being reserved to pursue other appropriate remedies.
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