In this civil appeal under FERA, the High Court held that no question of law arose on the facts regarding the interpretation of 'holding' property. Consequently, the court dismissed the appeal with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FERA APPEAL (ST.) NO.36315 OF 2003
Union of India & Anr. ..Applicants.
V/s.
Gurnam Singh Sahni ..Respondent.
Mr.A.S.Rao with Mrs.S.V.Bharucha i/b. H.P. Chaturvedi
for applicant.
CORAM : F.I.REBELLO AND
J.P.DEVADHAR, JJ.
DATED : 24TH AUGUST, 2007.
P.C. :-
The respondent was a foreign national of
Indian origin. On the death of his mother in the year
1974 he inherited the share in the property. That
property was subsequently sold. The respondent was
charged for having not furnished the information of the
property under section 31(1) and thereafter for selling
the property without the permission of the R.B.I. In
so far as the second part is concerned, the learned
Tribunal relying on the R.B.I. circular held that the
said permission was not required and accordingly in so
far as that charge is concerned held that no penalty
can be imposed.
2. In so far as the issue of inheritance is
concerned, the learned Tribunal concluded that
respondent had not acquired any property and he was not
resident of India and it cannot be said that he was
holding the property.
3. In our opinion, though the expression
‘holding’ may require further consideration, on the
facts set out in the case, there is no question of law
which would arise in this appeal and consequently, the
appeal is dismissed with no order as to costs.
(F.I.REBELL0, J.)
(J.P.DEVADHAR, J.)
Union of India & Anr.
Gurnam Singh Sahni
F.I. Rebello
J.P. Devidhar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court