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Deputy Director of Enforcement Vs. A.M. Ceaser

Court : Chennai

Subject : CustomsCriminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 8, 8(1), 9, 9(1), 40, 40(3) and 56(1); Evidence Act; Code of Criminal Procedure (CrPC) - Sections 164 and 313; Indian Penal Code (IPC), 1860 - Sections 193 and 228; Constitution of India - Article 20(3)

Reported in : 1999(113)ELT804(Mad)

the learned Principal Sessions Judge has not understood the difference between the confession under Section 164 Code of Criminal Procedure and the statement under Section 40(3) of FERA and because of this lack of understanding of the … read with Section 56(1)(i) and 9(1)(f)(i) of Foreign Exchange Regulation Act, 1973, hereinafter to be referred to as FERA.2. The respondent/accused was prosecuted for the above-said offences that came to be known from the search made in

K. Sadasivam Vs. Enforcement Officer, Enforcement Dte

Court : Chennai

Subject : FERACriminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 52 and 57; Code of Criminal Procedure (CrPC) - Sections 309, 309(1), 309(2), 313 and 482

Reported in : 1999(105)ELT269(Mad)

Matched in: Advocate R. Loganathan, Adv. K. Kumar, Special Public Prosecutor 'FERA'

Central Bureau of Investigation Vs. State of Rajasthan and Others

Court : Supreme Court of India

Subject : FERA

Acts : Delhi Special Police Establishment Act, 1946 - Sections 3 and 5; Foregin Exchange Regulation Act - Sections 4, 5,8(1), 19A, 25(1), 26, 33(2), 34, 35, 38, 39, 40, 41, 42, 43, 56, 61, and 62; Code of Criminal Procedure (CrPC) , 1898 - Sections 6, 154, 155(2), 188 and 482

Reported in : 1996VAD(SC)471; AIR1996SC2402; 1996(2)ALD(Cri)187; [1997]88CompCas326(SC); 1996CriLJ3480; (2001)1GLR907; JT1996(6)SC314; 1996(5)SCALE203; (1996)9SCC735; [1996]Supp3SCR127

of FERA, the offences punishable under Section 56 of FERA were non-cognizable within the meaning of Code of Criminal procedure and it was submitted that in order to investigate the non-cognizable offence, the aforesaid application for permission … under Section 25(1) read with Section 56 of the Foreign Exchange (Regulation) Act, 1973 (hereinafter referred to as FERA) against respondent No. 3 Shri Arvind Singh Mewar of Udaipur, Rajasthan. It was inter alia stated in the

S.K. JaIn Vs. Union of India

Court : Delhi

Subject : FERA

v. V.C. Shukla (1998) 3 SCC410[hereinafter referred to the V.C. Shukla case]..2. The present proceedings which emanated under FERA are stated to stand on a different footing, not affected by the closure of the criminal proceedings since

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 … in nature. Proceedings under Chapter VI-A relating to levy of penalties are adjudicatory in nature and arc not criminal proceedings. The Adjudicating Officer performs quasi-judicial functions and does not act as a Court, but acts for the

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 … along with accused filed a permission petition and compound petition before the trial Court. The defacto complainant/informant filed Criminal O.P.No.14032 of 2011 for further investigation which was allowed by this Court on 28.09.2011 where a direction was

Rajan Bagaria Vs. Union of India (Uoi) and ors.

Court : Delhi

Subject : FERACriminal

Acts : Foreign Exchange Regulation Act, 1973 - Sections 18(2), 56, 33(2), 40, 68, 68(1) and 68(2); Foreign Exchange Management Act, 1999 - Sections 49(3) and 49(4); Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973 - Sections 482

Reported in : 2008(101)DRJ385

investigation, a directive had been issued by the RBI to REIL on 19th September, 1996 under Section 33(2) FERA calling for the details of outstanding exports. By a letter dated 23rd October, 1996 REIL informed RBI that … ORDERS. Muralidhar, J.1. This is a petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking the quashing of Criminal Complaint titled Chief Enforcement Officer v. Ratan Exports & Industries

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

J.P. Gupta Vs. Union of India and ors.

Court : Delhi

Subject : FERACriminal

Acts : Foreign Exchange and Prevention of Smuggling Activities Act, 1974 - Sections 5A

Reported in : 1995IAD(Delhi)1113; 1995(33)DRJ348

the Enforcement Officials but nothing incriminating was found there from. A complaint was filed under Sec. 56 of Fera on 29.10.93 when the petitioner did not appear before the Fera Authorities for the prosecution of the petitioner … the petitioner who was in judicial custody in pursuant to Kalandara under Sections 107/151 of the Code of Criminal Procedure (hereinafter referred to as the Code) and also under judicial custody under criminal complaint titled 'Enforcement v.

Md. Reshedur Rahaman

Court : Kolkata

Subject : CriminalCustoms

Acts : Code of Criminal Procedure (CrPC) , 1974 - Sections 4(2), 167, 167(2) and 439; ;Customs Act - Section 104

Reported in : 1995CriLJ1177

(supra) was holding the ground one Deepak Mahajan was arrested for an offence punishable under the provisions of FERA and an application under Section 167(2) Code of Criminal Procedure was made by the Enforcement Directorate for remanding