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M. NAGAPRASANNA
Centre For Wildlife Studies (R) 37/5 – Appellant
Versus
Union of India Ministry of Home Affairs North Block – Respondent
ORDER
M. Nagaprasanna, J.
The petitioner is before this Court calling in question an order dated 05-03-2021 by which the 2nd respondent suspends its registration under the Foreign Contribution (Regulation) Act, 2010 ('the Act' for short) and sought a consequential relief against the orders passed aftermath of the aforesaid order and has further sought a direction by issuance of a writ in the nature of mandamus to consider the application submitted by the petitioner seeking renewal of licence.
2. Heard Sri Udaya Holla, learned senior counsel appearing for the petitioner, Sri Madhukar Deshpande, learned Central Government Counsel appearing for respondents 1 and 2 and Sri B.N. Jagadeesh, learned Additional State Public Prosecutor appearing for respondents 3 and 4.
3. Facts, in brief, germane are as follows:-
One Ullas Karanth said to be the grandson of Dr. K. Shivarama Karanth, is the Chief Functionary for Centre for Wild Life Studies. The petitioner registers a trust deed under the name and style of Centre for Wildlife Studies with the object of promoting and carrying on activities relating to scientific study and conservation of natural habitats of wildlife, promoting projects which inv
The requirement for a personal hearing before the cancellation of registration under the FCRA is essential when the consequences are severe, as outlined in Section 14(2) of the Act.
Point of law : By the time suspension order was passed, the Central Government had neither issued any notice of hearing / Show Cause notice in terms of sub-section (2) of Section 14 nor had it initia....
The court upheld the suspension of the FCRA registration under Section 13, ruling that no prior inquiry or hearing is required, affirming the necessity of statutory compliance over natural justice.
The cancellation decision was within the authority of the RBI, and the petitioner's admission of guilt and the opportunity of a personal hearing satisfied the principles of natural justice.
The court underscored the necessity of adhering to principles of natural justice, requiring that administrative orders affecting rights must include clear reasoning and a fair opportunity for respons....
Deemed registration under the Income Tax Act is valid if no response is received within six months; existing registration remains effective despite subsequent unnecessary applications.
The judgment established the absolute nature of meeting fixed criteria in financial legislations, the limited scope of judicial review in economic decisions, and the importance of adhering to statuto....
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