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Jatin C Jhaveri Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

out of common judgment and order dated 19.10.2010 passed by the High Court of Judicature at Bombay in FERA Appeal Nos.64-66 of 2006 & in Writ Petition No.2976 of 2004. The challenge in Civil Appeal Nos.11128-11131 of

Standard Chartered Bank and ors. Vs. Directorate of Enforcement and or ...

Court : Supreme Court of India

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1973 - Sections 50, 51, 52, 54, 56, 56(1), 56(2), 59, 61, 61(2), 63, 64(1), 64(2), 68, 68(1) and 68(2); Companies Act; Foreign Exchange Regulation Act, 1947 - Sections 23D; Income Tax Act - Sections 276C; Indian Penal Code (IPC) - Sections 40; General Clauses Act - Sections 3(38); Customs Act - Sections 140(1); Constitution of India - Articles 14, 20(3), 21 and 31B; Code of Criminal Procedure (CrPC) - Sections 482; Criminal Law

Reported in : AIR2006SC1301; 2006(1)ALD(Cri)614; II(2006)BC391(SC); 2006(3)BomCR621; (2006)2CALLT42(SC); [2006]130CompCas341(SC); 127(2006)DLT747(SC); 2006(197)ELT18(SC); JT2006(3)SC421; (2006)4SCC278

No. 5892/2004.1. On receipt of notices under the Foreign Exchange Regulation Act, 1973 (hereinafter referred to as the FERA) for showing cause why adjudication proceedings for imposition of penalty under Sections 50 and 51 of the FERA … a prosecution for penal offences under the Act. Being aggrieved, the appellant bank and its officers have filed Civil Appeal Nos. 1748/99 and 1749/99. The Union of India, in its turn has filed C.A. Nos. 1751 and

Director of Enforcement Vs. M/S. Mctm. Corporation Pvt. Ltd. and Other ...

Court : Supreme Court of India

Subject : FERA

Acts : Foreign Exchange Regulation Act, 1947 - Sections 4, 5, 8, 9, 10, 12, 17, 18(A and B) and 23(1); Constitution of India - Articles 20(2) and 226; General Clauses Act, 1897; Sea Customs Act, 1878 - Sections 167(8) and 188

Reported in : 1996IAD(SC)646; AIR1996SC1100; 1996(1)ALD(Cri)777; [1997]88CompCas449(SC); 1996CriLJ1623; 1996(54)ECC41; JT1996(1)SC79; 1996(1)SCALE133; (1996)2SCC471; [1996]1SCR215

contravened the provisions of Section 10(1)(a) of the Foreign Exchange Regulation Act, 1947 (hereinafter referred to as 'the FERA, 1947'). The gravamen of the departmental case against the respondents was that they had failed to repatriate the … a word of wide significance. Sometime, it means recovery of an amount as a penal measure even in civil proceedings. An exaction which is not compensatory in character is also termed as a 'penalty'. When penalty is

Securities and Exchange Board of India Vs. Cabot International Capital ...

Court : Mumbai

Subject : Company

Acts : Securities and Exchange Board in India Act, 1992 - Sections 15A, 15B, 15C, 15D, 15E, 15F, 15G, 15H, 15HA, 15HB, 15I and 15J; Securities and Exchange Board of India (Substantial Acquisition of Shares and Takeovers) Regulations, 1997 - Regulation 3, 3(1) and 3(4)

Reported in : 2004(4)BomCR700; [2005]123CompCas841(Bom); (2004)2CompLJ363(Bom); [2004]51SCL307(Bom)

Maharashtra v. Mayer Hans George : [1965]1SCR123 (3 Judges) the Supreme Court had earlier held that offences under FERA were absolute offences and not conditioned by guilty intent or mens rea.D. Whether penalty should be imposed for … not act as a Court, but acts for the purpose of determining the liability for the breach of civil obligations imposed by the SEBI Act and the Regulations.(F) The Adjudicating Officer, after taking into consideration all facts

M.Shobana Vs. Assistant Director at the Directorate of Enforcement

Court : Chennai

Subject : Education

of 2011, it is admitted in para 11 as 'It is submitted that the violation of FEMA and FERA Acts should be enquired by the Directorate of Enforcement and the respondents have no role to play'. The … Police in their status report attempted to state that it is a fit case to try before a Civil Court and this Court rejected the said view and passed the following interim order in Crl.O.P.No.4739 of 2011

Comex and Co. Vs. Collector of Customs

Court : Chennai

Subject : Customs

Reported in : (1998)1MLJ581

order of the Central Board. this Court appears to have taken the view that Section 10(1) of the FERA, 1947 Act is not an independent provision and unless some directions given under Section 10(2) by the Reserve … the Act. It is, thus, clear that what is imposed by Section 10-A of the Act is a civil obligation while what is contemplated under Section 1O(b) is a 'sentence'. The creation of an offence by a

Comex Co. Vs. Collector of Customs, Madras-i

Court : Chennai

Subject : Customs

Reported in : 1997(96)ELT526(Mad); (1998)IMLJ581

order of the Central Board. This Court appears to have taken the view that Section 10(1) of the FERA, 1947 Act is not an independent provision and unless some directions given under Section 10(2) by the Reserve … the Act. It is, thus, clear that what is imposed by Section 10A of the Act is a civil obligation while what is contemplated under Section 10(b) is a 'sentence'. The creation of an offence by a

C. Sampath Kumar and Others Vs. Enforcement Officer

Court : Chennai

Subject : Company

Acts : Foreign Exchange Regulation Act, 1973 - Sections 40, 40(3), 56 and 56(1)

Reported in : [1999]95CompCas602(Mad); 1999(105)ELT563(Mad)

to give evidence or to produce a document, during the course of any investigation or proceeding under the FERA and the person so summoned shall be bound to attend either in person or by authorised agent, unless … such documents as may be required : Provided that the exemption under section 132 of the Code of Civil Procedure, 1908 (5 of 1908) shall be applicable to any requisition for attendance under this section. (4) Every

Chennai Textile Chemicals Private Ltd. Vs. State of Tamil Nadu and anr ...

Court : Chennai

Subject : Sales Tax

Acts : Tamil Nadu General Sales Tax Act, 1959 - Sections 12(3); Tamil Nadu General Sales Tax (Amendment) Act, 1993; Constitution of India - Articles 14 and 19(1)

Reported in : [2002]125STC107(Mad)

or omission 'made punishable by any law for the time being in force'. The proceedings under Section 23(1)(a) FERA, 1947 are 'adjudicatory' in nature and character and are not 'criminal proceedings'. The officers of the Enforcement Directorate … correct, that a penalty imposed by the sales tax authorities for violation of statutory provision was only a civil liability, though penal in character, that even a provision enabling the imposition and collection of penalty with retrospective

Adani Exports Ltd. and anr. Vs. Maharashtra State Electricity Board an ...

Court : Mumbai

Subject : Commercial

Acts : Customs Act, 1962 - Sections 28, 104, 104(1), 108(3), 111, 112, 122, 124, 127B(1), 127C(1), 127D, 127H, 132, 133, 134, 135 and 137; Constitution of India - Articles 20(2), 20(3), 22(1) and 226; Sea Customs Act, 1878 - Sections 167, 167(8) and 171A; Foreign Exchange Regulation Act, 1947 - Sections 23, 23(1A), 23B, 35, 35(1), 35(2) and 35(3); Code of Criminal Procedure (CrPC) - Sections 167(1), 167(2), 173, 173(2), 190(1) and 273; Indian Penal Code (IPC) - Sections 40, 120B and 211; Defence of India Rules - Rule 131B; Evidence Act - Sections 25; Gold (Control) Act - Sections 63(3); Code of Civil Procedure (CPC) - Sections 132; Contempt of Courts Act

Reported in : 2003(5)BomCR743; 2003(4)MhLj391

Officer under Section 167 of the Sea CustomsAct and was subsequently prosecuted before the Magistrate for offences underthe FERA Act 1947 could not plead the protection of Article 20(2) since he wasnot prosecuted before the Customs Authority … Officers arenot assimilated in any manner whatever to proceedings in courts of lawaccording to the provision of the Civil or the Criminal Procedure Code.The Customs officers are not required to act, judicially on legal evidencetendered on oath