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R.R. Holdings (P.) Ltd Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

Subject : FERA

agreements. The appellants had not sought any permission of the Reserve Bank of India for entering into this contract but intimated the concerned Government agencies about the receipt of their fees/commission. 3. After making necessary investigations, a … result in violation of Foreign Exchange Regulation Act for the reason that in order to constitute violation of FERA or to directly or indirectly avoid in any manner the operation of any provisions of FERA or of

Saravana Transports Vs. 1.The Managing Director,

Court : Chennai

Subject : Land Acquisition

India praying for issuance of a Writ of Mandamus forbearing the first respondent in any way issuing the contract / work order pertaining to the transportation of commodities from Food Corporation of India Depots to Tamil Nadu … may be, is declared insolvent or an indischarged insolvent or has been detained under any law such as FERA COFEPOSA GOONDA's Act etc or any DVAC enquiry or any FIR pending / filed by CS CID Food

Sumitomo Corporation Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)114ITD61(Delhi)

the RBI vide its approval dt. 15th Sept., 1992. The approval was granted under Section 29(1)(a) of the FERA, 1973 for the purpose of undertaking a contract with MUL for designing, engineering, supply and installation for YE2 … "MUL").In the present appeals, we will be more concerned with the setting up of the project office vis-a-vis contracts with MUL. The approval for establishing a project office in connection with MUL was granted by the RBI

National thermal Power Corporation Ltd. Vs. Spectrum Power Generation ...

Court : Delhi

Subject : ContractCivil

Acts : Code of Civil Procedure (CPC), 1908 - Order 39, Rule 1; Specific Relief Act, 1963 - Sections 14; Foreign Exchange Regulation Act, 1973 - Sections 19(1)

Reported in : 1998IAD(Delhi)141; 69(1997)DLT652

defendant No. 1 and defendant Nos. 14,16,17 and 18 from taking any steps for the execution of the contracts/sub- contract issued to them by defendant No. 1 in respect of the Godavari Gas Project. (f) Composition of … issuing shares to Spectrum Technologies, Mauritius. It is stated : 'THEReserve Bank's permission under section 19(l)(d) of the Fera, 1973 for issue of equity shares to the Ocb shall be valid only so long as the following

Shaukat Ali Khan Vs. Babu Khan

Court : Delhi

Subject : ContractFERA

Acts : Indian Contract Act, 1872 - Sections 65; Code of Civil Procedure (CPC), 1908; Reserve Bank of India Act, 1934 - Sections 34; Foreign Exchange Regulation Act ,1973 - Sections 9;Hyderabad Paper Currency Act - Sections 15 and 16

Reported in : AIR1991Delhi190; I(1991)BC223; 42(1990)DLT648; 1990(20)DRJ38; 1991(33)ECC137; 1990RLR391

plaintiff counsel for the defendant has nothing to say. Counsel for the defendant has, however, contended that the contract between the parties is void as being hit by the provisions of Foreign Exchange Regulation Act. It is

Escorts Ltd. and Another Vs. Union of India and Others

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 10E, 10E(6), 28, 47, 81, 111, 111(2), 165, 173, 173(1), 173(2), 184, 210, 284, 284(3), 284(4), 301, 391, 392, 393, 394, 433 and 637; Banking Regulation Act, 1949 - Sections 35A; Foreign Exchange Regulation Act, 1973 - Sections 5, 8, 9, 19, 19(1), 19(4), 19(5), 21, 21(2), 21(3), 28, 28(1), 29, 29(1), 29(2), 29(4), 30, 47, 47(1), 47(2), 47(3), 47(4), 50, 56, 57, 61(2), 73, 73(3) and 75

Reported in : [1985]57CompCas241(Bom)

include all purchases and sales for which a firm commitment had been made in the form of broker's contract notes irrespective of whether deliveries were effected or not. The RBI was required to notify the designated banks … the powers conferred on it under s. 73(3) of the Foreign Exchange Regulation Act, 1973 (for shorter 'the FERA'), issued Circular No. 9, dated April 14, 1982, (Exh.'G'), liberalising the policy in respect of 'investment by non-residents

K. Janardhanan Pillai Vs. Collector of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Subject : Miscellaneous

Reported in : (1988)(38)ELT647Tri(Chennai)

were brought to the wharf inside the Customs Area for the purpose of being exported.These shipments were against Contract No. TCF -1086 dated 6th July, 1979, said to have been entered into between M/s. Janso Exports Pvt.Ltd., … attempted to be exported was deliberately fabricated documents to circumvent the prohibition imposed Under Section 18(1) (a) of FERA, 1973, read with Government of India Notification No. U.S.R. 78 dated 1.1.1974 and the Foreign Exchange Regulation Rules,

Renusagar Power Co. Ltd. Vs. General Electric Co.

Court : Supreme Court of India

Subject : Commercial

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11; Indian Contract Act, 1872 - Sections 23; Code of Civil Procedure (CPC) - Sections 13, 14, 34 and 151; Foreign Exchange Regulation Act, 1973; Interest Act, 1978 - Sections 3(3); Income-tax act, 1961 - Sections 10(15); Constitution of India - Articles 1, 2 and 227; Indian Independence (Adaptation of Central Acts and Ordinances) Order 1948; Arbitration Act, 1975; Foreign Exchange Regulation Act, 1947; Exchange Control Act, 1947; Defence (Finance) Regulations, 1939 - Regulation 2(1); Law Reform (Miscellaneous Provisions) Act, 1934 - Sections 3; Judiciary Act of New York - Sections 27; Indian Arbitration Act, 1940 - Sections 29; Convention on the Recognition and Enforcement of Foreign Arbi

Reported in : AIR1994SC860; 1994(2)ARBLR405(SC); [1994]81CompCas171(SC); 1993(4)SCALE44; 1994Supp(1)SCC644; [1993]Supp3SCR22

decision in these appeals would, we hope, mark the culmination of the protracted litigation arising out of a contract entered into by the parties on August 24, 1964 for the supply and erection of a thermal power … include within its ambit disregard of the provisions of the Foreign Exchange Regulation Act, 1973 (hereinafter referred as FERA) and would also cover unjust enrichment; (iii) it would be contrary to the public policy of India as

POL India Projects Limited and Another Vs. Aurelia Reederei Eugen Frie ...

Court : Mumbai

Subject : Arbitration

for the said D.B.Shipping LLC. 6. On 19th September, 2008 the petitioners and the respondents entered into a contract of guarantee under which the petitioner guaranteed the performance of the said D.B.Shipping LLC under the voyage charter … 13 of FEMA which provides for imposition of penalty for violation. Learned counsel submits that the provisions of FERA considered by the Supreme Court in case of Renusagar Power Co. Ltd. vs. General Electric Company and Anr.

Mrs. Shoba Viswanatha Vs. D.P. Kingsley

Court : Chennai

Subject : CivilProperty

Acts : Specific Relief Act, 1963 - Sections 9, 10, 20 and 22; Indian Contract Act, 1872 - Sections 23; Foreign Exchange Regulations Act, 1973 - Sections 31(1); Reserve Bank of India Act, 1934 - Sections 23

Reported in : 1996(1)CTC620; (1996)IIMLJ96

arrayed in the suit.3. Plaintiff filed the above suit for the following relief:-(1) for specific performance of the contract for sale of the house and premises No. 106, Harrington Road, Madras-31 and in default direct the office … permission of the Reserve Bank of India. Section 31(1) of the Foreign Exchange Regulation Act, 1978 (for short, FERA) reads thus:-'No person who is not a citizen of India and no company (other than a banking company)