Delhi HC quashes FCRA proceedings against Former Punjab MLA- holds contribution made by NRIs through proper banking channels not ‘foreign contribution’ [Read Judgment]
9 years, 3 months ago

Delhi HC quashes FCRA proceedings against Former Punjab MLA- holds contribution made by NRIs through proper banking channels not ‘foreign contribution’ [Read Judgment]

Live Law  

The contribution made by a citizen of India living in another country, from his personal savings, through the normal banking channels, is not treated as foreign contribution, the Court said quashing FCRA proceedings against the former MLA.The Delhi High Court has quashed FCRA proceedings against Former Punjab MLA, Arvind Khanna for receiving an amount of Rs.9,. The contribution made by a citizen of India living in another country, from his personal savings, through the normal banking channels, is not treated as foreign contribution, the Court said quashing FCRA proceedings against the former MLA. The Delhi High Court has quashed FCRA proceedings against Former Punjab MLA, Arvind Khanna for receiving an amount of Rs.9, 04, 84,770/-from his father through eight foreign entities, without obtaining prior permission from the Central Government while he was serving as a Legislator. Nature of foreign sources not specifically stated In order to make out violation of Section 4 FCRA, 1976, the charge sheet must state as to from which of the foreign sources as set out in Section 2 FCRA, 1976, or like foreign source, the petitioner received such foreign contribution, the court said while observing that the charge sheet only states that the accused received funds from overseas firms/companies/trusts which are not registered/incorporated anywhere in India, without specifically finding the nature of foreign sources in order to bring them within the ambit of definition ‘foreign sources’, as prescribed in Section 2 FCRA, 1976.

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History of this topic

FCRA License Suspension: Delhi High Court Allows Centre For Policy Research To Use 25% Of ‘Unutilized Funds’
1 year, 5 months ago

FCRA License Suspension: Delhi High Court Allows Centre For Policy Research To Use 25% Of ‘Unutilized Funds’

Live Law  

The Delhi High Court on Monday allowed a plea moved by India’s leading think-tank Centre for Policy Research seeking permission to utilise 25% of “unutilized funds” in the fixed deposits towards the payment of salaries of its employees. Justice Subramonium Prasad allowed the application moved by CPR in the petition against the suspension of its licence under Foreign Contribution Regulation …

Certain FCRA Violations Now Compoundable Before Prosecution By Paying Penalty : MHA Issues Notification
2 years, 8 months ago

Certain FCRA Violations Now Compoundable Before Prosecution By Paying Penalty : MHA Issues Notification

Live Law  

The Ministry of Home Affairs on July 1 notified certain offences under the Foreign Contribution Act 2010 as compoundable.In exercise of the powers conferred by sub-section of section 41 of the Foreign Contribution Act, 2010, the Central Government specified the officers, who may, before institution of any prosecution under the said Act, compound the offences under. The Ministry of Home …

Plea In Delhi HC Seeks Exemption Of Centre's Prior Permission To Organizations, Individuals For Receiving Foreign Contributions On Covid Life Saving Equipments
3 years, 10 months ago

Plea In Delhi HC Seeks Exemption Of Centre's Prior Permission To Organizations, Individuals For Receiving Foreign Contributions On Covid Life Saving Equipments

Live Law  

A plea has been moved in the Delhi High Court seeking directions on the Union of India to exempt registered associations, organizations and individuals, prior permission under under sec.11 of the Foreign Contribution Act, 2010 to receive foreign contributions in the form of covid life saving equipments. 11 of the Act is a time consuming process thereby keeping away the …

Delhi High Court Issues Notice In NGO's Plea Seeking Extension By 6 Months For Opening FCRA Account With SBI
3 years, 10 months ago

Delhi High Court Issues Notice In NGO's Plea Seeking Extension By 6 Months For Opening FCRA Account With SBI

Live Law  

Delhi High Court on Friday issued notice in a plea filed by an NGO seeking for an extension by a period of 6 months for the opening of an FCRA account with State Bank of India. The plea also prays for a direction to set aside for 6 months the restriction on receiving foreign contribution in existing FCRA accounts from …

Delhi HC Upholds The Vires Of Foreign Contributions (Regulation) Act 2010; CBI Empowered To Investigate [Read Judgment]
5 years, 6 months ago

Delhi HC Upholds The Vires Of Foreign Contributions (Regulation) Act 2010; CBI Empowered To Investigate [Read Judgment]

Live Law  

Dismissing a batch of seven writ petitions, the Delhi High Court on Friday said that the Central Bureau of Investigation was empowered to investigate in matters of foreign contribution and upheld the constitutional validity of Section 43 of the Foreign Contribution Act, 2010. The Petitioner moved against the said investigation order of the central government and the FIR so filed …

CBI files chargesheet against activist Teesta Setalvad in FCRA violation case
8 years, 2 months ago

CBI files chargesheet against activist Teesta Setalvad in FCRA violation case

Firstpost  

A chargesheet has been filed by the Central Bureau of Investigation against social activist Teesta Setalvad, her husband Javed Anand and a company run by them for alleged violation of foreign funding rules. New Delhi: A chargesheet has been filed by the Central Bureau of Investigation against social activist Teesta Setalvad, her husband Javed Anand and a company run by …

FCRA Case: SC extends interim Protection to Teesta Setalvad till Jan 31
9 years, 3 months ago

FCRA Case: SC extends interim Protection to Teesta Setalvad till Jan 31

Live Law  

The Supreme Court today issued notice to CBI on a plea by social activist Teesta Setalvad and her husband to get removed portions in the Bombay High Court order while giving anticipatory bail that there is prima-facie evidence of Foreign Contribution Regulation Act violation against the coupleA bench headed by Justice Anil Dave also extended their interim protection from arrest …

FCRA Case: SC extends interim Protection to Teesta Setalvad till Jan 31
9 years, 3 months ago

FCRA Case: SC extends interim Protection to Teesta Setalvad till Jan 31

Live Law  

The Supreme Court today issued notice to CBI on a plea by social activist Teesta Setalvad and her husband to get removed portions in the Bombay High Court order while giving anticipatory bail that there is prima-facie evidence of Foreign Contribution Regulation Act violation against the coupleA bench headed by Justice Anil Dave also extended their interim protection from arrest …

Delhi HC quashes FIR and directs Accused to deposit Rupees 1Lakh in Welfare Fund for Children and Destitute Women [Read Judgment]
9 years, 5 months ago

Delhi HC quashes FIR and directs Accused to deposit Rupees 1Lakh in Welfare Fund for Children and Destitute Women [Read Judgment]

Live Law  

Delhi High Court in a recent Case quashed the Criminal Proceedings against the Accused on the ground of settlement between the parties and directed them to pay an amount of Rs.1,00,000/- in favour of "The Superintendent, 'Nirmal Chaya', Tihar Jail, Hari Nagar, New Delhi, Welfare Fund for Children and Destitute Women' within two weeks under prior intimation to the Investigating …

Delhi HC quashes FIR and directs Accused to deposit Rupees 1Lakh in Welfare Fund for Children and Destitute Women [Read Judgment]
9 years, 5 months ago

Delhi HC quashes FIR and directs Accused to deposit Rupees 1Lakh in Welfare Fund for Children and Destitute Women [Read Judgment]

Live Law  

Delhi High Court in a recent Case quashed the Criminal Proceedings against the Accused on the ground of settlement between the parties and directed them to pay an amount of Rs.1,00,000/- in favour of "The Superintendent, 'Nirmal Chaya', Tihar Jail, Hari Nagar, New Delhi, Welfare Fund for Children and Destitute Women' within two weeks under prior intimation to the Investigating …

Investigation into Foreign Funds Received by Political Parties begins
10 years, 9 months ago

Investigation into Foreign Funds Received by Political Parties begins

Live Law  

The Government has reportedly commenced steps to “relook and reappraise the receipts of the political parties and identify the contributions received from foreign sources” in compliance with the Delhi High Court order demanding the same.In a landmark judgment in March this year, the court had found BJP and Congress guilty of taking foreign funds and violating the Foreign. The Government …

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