prior permission Archives

182 days alone isn’t enough: Karnataka HC holds purpose of stay is equally decisive under FEMA’s “person resident in India” test

The Court held that the respondents-firm were “persons resident in India” and several FEMA Regulations relied upon by the Directorate of Enforcement became inapplicable. Since these Regulations govern transactions involving persons resident outside India, they could not be invoked against respondents who were legally resident in India under FEMA.

arbitrary travel obstruction of protestors

Case Briefs High Courts

Prior permission for protest necessary; authorities cannot obstruct travel arbitrarily when protestor held valid tickets: Madras High Court

“The law requires prior permission before conducting demonstrations, and when such permission is granted, conditions must be respected.”

Case Briefs Supreme Court

Can foreigners transfer/dispose of immovable property situated in India by sale or mortgage without RBI’s prior permission? SC explains the true import of Section 31 of FERA, 1973

“Merely because no provision in the Act makes the transaction void or says that no title in the property passes to the purchaser in case there is contravention of the provisions of Section 31, will be of no avail. That does not validate the transfer referred to in Section 31, which is not backed by “previous” permission of the RBI.”

Case Briefs Supreme Court

Centre versus State| Who has the power to make law declaring any land within a State as a national highway? Supreme Court answers

Supreme Court: Dealing with the question whether the Parliament was competent to enact the National Highways Act, 1956 and the National Highway

Case Briefs Supreme Court

Prior environmental clearance required before commencement of actual construction of a National Highway, not at the planning stage: SC

Supreme Court: The 3-judge bench of AM Khanwilkar*, BR Gavai and Krishna Murari, JJ has held that it is not necessary for