Judgment Search Results Home > Cases Phrase: foreign exchange management act 1999 section 14 enforcement of the orders of adjudicating authority Page 1 of about 1,073 results (0.385 seconds)

Union of India (Uoi) Vs. Prem Khanna

Court : Delhi

Reported in : 125(2005)DLT249; 2005(85)DRJ379

..... this appeal under section 54 of the foreign exchange regulation act, 1973 (in short 'fera') read with section 35 of the foreign exchange management act, 1999 (for short 'fema') is directed against the order of the appellate tribunal for foreign exchange dated 19.5.2003 thereby dismissing a revision petition filed by the enforcement directorate against the order of special director of enforcement (adjudicating authority) dated 27.3.2001 by which the adjudicating authority exonerated the respondent/noticee prem khanna of the charges under section 8(1) of fera and dropped the charges/proceedings against him.2. ..... aggrieved by the order of the adjudicating authority, the enforcement directorate preferred a revision under section 52(4) of fera and section 19(6) of fema before the appellate tribunal for foreign exchange for setting aside the order of adjudicating authority, but without any success. ..... after a semblance of protracted hearings (word 'semblance' is used deliberately because that is precisely the question required to be considered in this appeal), the adjudicating authority discharged the notice and exonerated the respondent of the charge under section 8(1) of fera and dropped the proceedings against him primarily relying and acting on the stand of the respondent that the total amount of foreign exchange deposited by him in the oriental bank of commerce was lawfully acquired foreign exchange in u.k. .....

Azeez Vs. State of Kerala

Court : Kerala

Reported in : 2006(2)KLT145; [2006]68SCL561(Ker)

..... sri kodoth sreedharan, learned counsel for the appellant, contended that no proceedings for recovery could be initiated invoking section 70 of fera after the repeal of the said act by the foreign exchange management act, 1999 (hereinafter referred to as 'fema'). ..... he contended that section 14 of fema provides for enforcement of the orders of the adjudicating authority and if the penalty imposed is not paid within ninety days from the date of notice for payment of the penalty, the person liable to pay the penalty would be exposed only to civil imprisonment under section 14 of fema. ..... section 52 of fera provides for appeal to the appellate board within forty-five days from the date of the order passed by the adjudicating authority. ..... the bar under sub-section (3) of section 49 of fema does not apply in the case on hand since the adjudicating authority had passed ext. ..... in the case on hand, an order has been passed by the adjudicating authority under fera and that order has become final. .....

Rajendra Kumar Patel vs.union of India

Court : Delhi

..... thereafter, on 24.12.2007, a complaint was lodged under section 16(3) of the foreign exchange management act, 1999 (hereafter as 'fema') before the adjudicating authority.3. ..... he submitted that in terms of rule 8 of the foreign exchange management (encashment of draft, cheque, instrument and payment of interest) rules, 2000 (hereafter 'the rules'), only interest at the rate of 6% was payable and additional interest accrued on the amount seized/confiscated by the respondent would be at the benefit of the respondent.12. mr d.d. ..... aggrieved by the same, the petitioner challenged the adjudication order dated 09.02.2009 by way of an appeal before the appellate tribunal for foreign exchange, new delhi (appeal no.41 of 2009).5. ..... (ii) where it has been found during the course of adjudication that the seized indian currency is not relevant for such adjudication, the adjudicating authority may pass such order returning such indian currency together with interest at the rate of 6% per annum to such person." 16. ..... on 10.01.2007, the petitioner's business premises at delhi, surat and mumbai were searched by the enforcement directorate (hereafter 'ed'). ..... in terms of rule 5 of the rules, the seized amount is required to be deposited in a nationalized bank in the name of directorate of enforcement. ..... special director, directorate of enforcement and anr.: w.p. .....

M/S Xerox Modi Corp. Ltd. Vs. The Special Director, Enforcement Direc ...

Court : Delhi

..... the present appeals under section 35 of the foreign exchange management act, 1999 (fema) have been preferred to assail the common final order dated 24.10.2008 passed by the appellate tribunal for foreign exchange (the appellate tribunal) in appeal nos.401/2004 and 430/2004. ..... bhupendra kumar modi against the common order passed by the adjudicating authority, namely, special director, enforcement directorate, new delhi (ed) dated 13.02.2004 bearing sde/skp/iii/47/2003, by which penalty of rs.22,75,000/- was imposed on the appellant company, and a penalty of rs.7,50,000/- was imposed on the appellant-director of the appellant company for contravention of section 8(3) and 8(4) read with section 68 of fema read with para-7a, 20(i) of exchange control manual, 1995 (ecm).2. ..... the response received from the bank of india dated 03.02.2004 wherein the said bank allegedly confirmed that the bills of entries qua the aforesaid 3 remittances were outstanding, was also never provided to or communicated to the appellant by the adjudicating authority before passing the impugned order in original, even though the same had been passed primarily on the basis thereof. ..... learned counsel for the appellant points out that after the passing of the order in original, when the appellants learnt that the adjudicating authority had relied upon on the aforesaid two documents, the appellant company had sought copies of the said communications vide their communication dated 29.03.2004. .....

Dr. Bhupendr Kumar Modi Vs. Enforcement Directorate and Anr.

Court : Delhi

..... the present appeals under section 35 of the foreign exchange management act, 1999 (fema) have been preferred to assail the common final order dated 24.10.2008 passed by the appellate tribunal for foreign exchange (the appellate tribunal) in appeal nos.401/2004 and 430/2004. ..... bhupendra kumar modi against the common order passed by the adjudicating authority, namely, special director, enforcement directorate, new delhi (ed) dated 13.02.2004 bearing sde/skp/iii/47/2003, by which penalty of rs.22,75,000/- was imposed on the appellant company, and a penalty of rs.7,50,000/- was imposed on the appellant-director of the appellant company for contravention of section 8(3) and 8(4) read with section 68 of fema read with para-7a, 20(i) of exchange control manual, 1995 (ecm).2. ..... the response received from the bank of india dated 03.02.2004 wherein the said bank allegedly confirmed that the bills of entries qua the aforesaid 3 remittances were outstanding, was also never provided to or communicated to the appellant by the adjudicating authority before passing the impugned order in original, even though the same had been passed primarily on the basis thereof. ..... learned counsel for the appellant points out that after the passing of the order in original, when the appellants learnt that the adjudicating authority had relied upon on the aforesaid two documents, the appellant company had sought copies of the said communications vide their communication dated 29.03.2004. .....

Union of India (Uoi) Vs. Abn Amro Bank and ors.

Court : Delhi

Reported in : [2007]138CompCas582(Delhi); 124(2005)DLT137; 2005(84)DRJ593; [2008]81SCL443(Delhi)

..... the enforcement directorate through union of india has filed this appeal under section 54 of the foreign exchange regulation act, 1973 read with section 35 of the foreign exchange management act, 1999 against an order dated 10.3.2003 passed by the appellate tribunal by which the order of the adjudicating authority was set aside. 2. ..... it is submitted that the learned appellate tribunal without adverting to section 59 of fera, which enjoins upon the courts to presume the existence of a culpable mental state on the part of the accused for the commission of an offence under the act, the tribunal proceeded to set aside the orders passed by the adjudicating authority on the ground that the respondents no. ..... it is true that under section 54 of the foreign exchange regulation act, 1973, an appeal against an order of the appellate board lies only on a question of law but learned asg has argued that the impugned order passed by the learned appellate tribunal is contrary to law inasmuch as section 59 of the fera was completely ignored. ..... 180 and 188 had simplified the procedure for approval of foreign investments in order to attract foreign exchange and since the remittances in the present case had resulted in foreign exchange in-flow into india and none of the respondents had remitted any amount out of india no provision of the act was violated. .....

Rajinder Singh Duggal vs.joint Director Enforcement Directorate, Gover ...

Court : Delhi

..... justice r.k.gauba1 order (oral) by order in original dated 30.03.2017, the adjudicating authority under the foreign exchange management act, 1999 (fema), in exercise of its jurisdiction under section 16 imposed penalties under section 13 against the appellants herein, appellant rajinder singh duggal (crl.a.793/2019) being directed to pay rs.30 lacs, his firm m/s. ..... the learned counsel for the respondent had earlier taken exception to the maintainability of these appeals at the outset, his submissions having been recorded in the proceedings on 11.07.2019 to the effect that the appellants are belated with reference to the order dated 15.11.2018 which, even otherwise, had not been challenged, the orders sought to be impugned by these appeals being only consequential.5. ..... the order dated 15.11.2018 having attained finality, the appellate tribunal had no option left but to dismiss the appeals on crl. m.c. ..... the said order imposing the penalties was challenged by these appellants before the appellate tribunal constituted under section 18 of fema. ..... it is the said order dated 08.05.2019 which is challenged by the present appeals brought under section 35 of fema.4. ..... no.793/2019,794/2019 & 795/2019 page 1 of 4 versus joint director, enforcement directorate, government of india ..... ..... versus joint director, enforcement directorate, government of india ..... ..... versus joint director enforcement directorate, government of india ..... .....

Sunil Gupta vs.joint Director Enforcement Directorate, Government of I ...

Court : Delhi

..... justice r.k.gauba1 order (oral) by order in original dated 30.03.2017, the adjudicating authority under the foreign exchange management act, 1999 (fema), in exercise of its jurisdiction under section 16 imposed penalties under section 13 against the appellants herein, appellant rajinder singh duggal (crl.a.793/2019) being directed to pay rs.30 lacs, his firm m/s. ..... the learned counsel for the respondent had earlier taken exception to the maintainability of these appeals at the outset, his submissions having been recorded in the proceedings on 11.07.2019 to the effect that the appellants are belated with reference to the order dated 15.11.2018 which, even otherwise, had not been challenged, the orders sought to be impugned by these appeals being only consequential.5. ..... the order dated 15.11.2018 having attained finality, the appellate tribunal had no option left but to dismiss the appeals on crl. m.c. ..... the said order imposing the penalties was challenged by these appellants before the appellate tribunal constituted under section 18 of fema. ..... it is the said order dated 08.05.2019 which is challenged by the present appeals brought under section 35 of fema.4. ..... no.793/2019,794/2019 & 795/2019 page 1 of 4 versus joint director, enforcement directorate, government of india ..... ..... versus joint director, enforcement directorate, government of india ..... ..... versus joint director enforcement directorate, government of india ..... .....

Vishal Arora vs.joint Director Enforcement Directorate, Government of ...

Court : Delhi

..... justice r.k.gauba1 order (oral) by order in original dated 30.03.2017, the adjudicating authority under the foreign exchange management act, 1999 (fema), in exercise of its jurisdiction under section 16 imposed penalties under section 13 against the appellants herein, appellant rajinder singh duggal (crl.a.793/2019) being directed to pay rs.30 lacs, his firm m/s. ..... the learned counsel for the respondent had earlier taken exception to the maintainability of these appeals at the outset, his submissions having been recorded in the proceedings on 11.07.2019 to the effect that the appellants are belated with reference to the order dated 15.11.2018 which, even otherwise, had not been challenged, the orders sought to be impugned by these appeals being only consequential.5. ..... the order dated 15.11.2018 having attained finality, the appellate tribunal had no option left but to dismiss the appeals on crl. m.c. ..... the said order imposing the penalties was challenged by these appellants before the appellate tribunal constituted under section 18 of fema. ..... it is the said order dated 08.05.2019 which is challenged by the present appeals brought under section 35 of fema.4. ..... no.793/2019,794/2019 & 795/2019 page 1 of 4 versus joint director, enforcement directorate, government of india ..... ..... versus joint director, enforcement directorate, government of india ..... ..... versus joint director enforcement directorate, government of india ..... .....

Pan Asia Advisors International Corporate Finance Minster House and An ...

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... legislation called the foreign exchange management bill was introduced in the parliament, which ultimately took the shape of the foreign exchange management act, 1999. ..... for appeals from the orders of an adjudicating authority to an appellate tribunal , and then to the honble high court. ..... issued by foreign banks, namely, deutsche bank and bank of new york, and listed on foreign stock exchanges, namely, luxemburg stock exchange and the new york stock exchange, albeit at the instance of issuer companies located in india, by a lead manager registered in the uk and governed by regulations framed and enforced by a foreign regulator, are amenable to the jurisdiction of an indian regulator namely, the securities and exchange board of india ( sebi ), in case any allegations of irregularity/illegality are leveled against the lead manager registered in the uk. 2 ..... section 6(3) of the said act, which stipulates that rbi would regulate the transfer or issue of security outside india, reads as under :- 6(3) without prejudice to the generality of the provisions of subsection (2), the reserve bank may, be regulations, prohibit, restrict or regulate the following:- (a) transfer or issue of any foreign security by a person resident in india; (b) transfer or issue of any security by a person outside india; (c) transfer or issue of any security or foreign security by any branch, office or agency in india of a person resident outside india; (d) any borrowing or lending in foreign exchange in whatever .....