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january 2004

Supreme Court of India · 2004-01-09

SPECIAL DIRECTOR,ENFORCEMENT DIRECT.&ANR vs MOHD. GHULAM GHOUSE

Citation / case number
SC 2003/11225
Court
Supreme Court of India
Petitioner
SPECIAL DIRECTOR,ENFORCEMENT DIRECT.&ANR
Respondent
MOHD. GHULAM GHOUSE
Author
ARIJIT PASAYAT
Bench
ARIJIT PASAYAT DORAISWAMY RAJU

Judgment text excerpt

The Supreme Court held that the Bombay High Court erred in granting interim relief against a show cause notice issued under the Foreign Exchange Regulation Act, 1973 (FERA) and the Foreign Exchange Management Act, 1999 (FEMA). The Court emphasized that writ petitions challenging show cause notices should not be entertained unless the notice is completely devoid of jurisdiction. The Court set aside the High Court's interim order, reinforcing the principle that parties should respond to show cause notices before seeking judicial intervention.

SPECIAL DIRECTOR,ENFORCEMENT DIRECT.&ANR vs MOHD. GHULAM GHOUSE · Niyam