Judgment Search Results Home > Cases Phrase: foreign exchange management act 1999 section 14 enforcement of the orders of adjudicating authority Page 10 of about 1,073 results (0.406 seconds)

Narender Singh Vs. Enforcement Directorate

Court : Delhi

Reported in : [2009]92SCL174(Delhi)

..... by these proceedings under article 226 of the constitution of india, the petitioners seek a quashing order, against the show-cause notice/memorandum for adjudication, dated 21-5-2002 issued under section 51 of foreign exchange regulation act, 1973 ('fera') issued by respondents.2. ..... sections 50 and 51 of fera (which was repealed, and instead of which, the foreign exchange management act ('fema') brought into force, stated as follows:penalty. ..... (21) in issuing this memorandum reliance is placed on documents as mentioned in annexure to this memorandum inspection of which can be taken by him or his lawyer(s)/any other authorized representative(s) at the office of the deputy director, enforcement directorate, gallery no. ..... director of enforcement : 1999(1)bomcr324 had approached the bombay high court, challenging an identical notice, calling upon its officer to respond. ..... (22) their attention in this connection is also invited to the proviso to rule 3 of the adjudication proceedings and appeal rules, 1974 read with sub-sections (3) and (4) of section 49 of fema, 1999. .....

Premier Limited, (Formerly) Premier Automobiles Ltd. a Company Incorpo ...

Court : Mumbai

Reported in : 2006(5)BomCR12; [2006]133CompCas687(Bom); [2006]71SCL153(Bom)

..... common question of law involved in all these writ petitions is, whether, an appeal against the adjudication orders passed by the assistant director/deputy director of encroachment under the repealed provisions of foreign exchange regulation act, 1973 ('fera' for short) read with section 49 of the foreign exchange management act, 1999 ('fema' for short) is maintainable before the special director (appeals) appointed under fema. ..... thus, section 17 of fema provides that appeals against the adjudication orders passed by the assistant director/deputy director of enforcement are maintainable before the special director (appeals) and section 19(1) of fema provides that appeals against the orders passed by the adjudicating authorities other than the assistant director/deputy director of enforcement are maintainable before the appellate tribunal constituted under fema. ..... nankani further submits that in section 19(1) of fema, the words 'adjudicating authorities other than those referred to in sub-section 1 of section 17' simply means that appeals against the adjudication orders other than the orders passed by the assistant director/deputy director of enforcement are maintainable before the appellate tribunal. .....

Shailendra Swarup Vs. The Deputy Director,enforcement Directorate

Court : Supreme Court of India

..... it is relevant to notice following portion of the show cause notice: of such has/have annexure he/she/they "and whereas it further appears that s/shri as proprietor, per b partner(s)/manager/secretary the said company/firm has been responsible/supervisor/ incharge of the said company/firm for the conduct of business of the company/firm at the relevant time when the aforesaid import was made as rendered himself/herself/themselves liable also to be proceeded against under section 50 of the foreign exchange regulation act, 1973 (46 of 1973). ..... ) dated 19/2/2001 this is to inform you that after considering the cause shown by you in/as you have failed to reply to the above mentioned memorandum the deputy director of enforcement is of the opinion the adjudication proceeding as contemplated in section 51 of fera, 1973 read with section 3 & 4 of section 49 of fema, 1999 should be held against you in accordance with the procedure laid shown in rules of the adjudication proceedings & appeal rules, 1974 and has accordingly fixed this case for personal hearing before him on 22 oct. ..... you may please note that in case you fail to appear before the adjudication authority on the aforesaid date he may proceed with the enquiry in your absence and pass adjudication order on the basis of material and evidence available to him. .....

Chhabra Handicrafts Vs. Deputy Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

..... , bank of india, moradabad, gave a certificate of foreign inward remittance dated 1-9-1989 certifying that us $ 1,500 was received by the bank on account of partnership firm but the same was not accepted by the adjudicating authority due to non-application of mind, and (4) that the appellant chhabra handicrafts is a partnership firm whose affairs are managed by the appellant, harkirat singh in appeal no. ..... in these circumstances, the findings of the adjudicating authority so far as contravention of the provisions of section 18(2) against the appellant-firm is concerned, cannot be disturbed. ..... as regards non-acceptance by the adjudicating authority of certificate of foreign inward remittance dated 1-9-1989 issued by the appellants banker detailing receipt of the us $ 1,500, it can be stated that it does not specify the gri no. ..... 245-248 of 1992) in their capacity as partners of the appellant-firm for contravention of the provisions of section 18(2) of the foreign exchange regulation act, 1973 ( the act) on account of non-realisation of amount of us $ 11,931.70 + us $ 6,337.04 totalling us $ 18,268.74 in respect of two gri nos. ..... the fera board heard applications for dispensation of the pre-deposit of the penalty filed along with these appeals and passed an order dated 4-8-1999 directing the appellant-firm in appeal no. ..... 245 of 1992) recorded by the enforcement directorate and the invoice documents of the two gris mentioned hereinabove. .....

Lalit Kumar Modi Vs. Special Director, Directorate of Enforcement Gove ...

Court : Mumbai

..... ) to hold an inquiry as to whether the petitioner has contravened the provisions of section 13 of the foreign exchange management act, 1999 (hereafter referred to as the act?). ..... (8) if, upon consideration of the evidence produced before the adjudicating authority, the adjudicating authority is satisfied that the person has committed the contravention, he may, by order in writing, impose such penalty as he thinks fit, in accordance with provisions of section 13 of the act. ..... (6) while holding an inquiry under this rule the adjudicating authority shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating authority may be useful for or relevant to the subject-matter of the inquiry. ..... it is also very clear from the provisions of the act and the rules that an appeal which is provided would not lie from an order recording an opinion of the adjudicating authority to proceed further with the adjudication of the notice, but the appeal would only be against the final order. 19. ....................... .....

Dimple Prakash Shah Vs. Union of India (Uoi) and ors.

Court : Delhi

..... another telling example of the similarity between the draft grounds and the actual grounds pointed out by the petitioner is the invocation of section 3(d) of foreign exchange management act (hereinafter referred to as the fema? ..... what has been done in the case in hand is somewhat disturbing because even before the detaining authority considered the matter and applied its mind to the material placed before him and recorded his satisfaction about making the detention order, the lower functionaries had actually put up a draft of detention order for the approval/vetting by the detaining authority which implies that the lower functionaries presumed that the detaining authority is going to pass the detention order in all eventualities/probabilities. ..... the aforesaid sequence makes it clear that even if the draft grounds of detention prepared by the enforcement directorate were not sent to the detaining authority, the under secretary in the office of the detaining authority while preparing the ground of detention had consulted and even summoned an officer from the office of enforcement of directorate, chennai. ..... this is so because the draft grounds of detention, sent in 3 sets by the deputy director, directorate of enforcement to the director, directorate of enforcement under the covering letter dated 23.11.2009, and the actual grounds of detention are remarkably similar. .....

Avinash Bhosale Vs. Union of India (Uoi) Directorate of Revenue Intell ...

Court : Mumbai

Reported in : (2008)110BOMLR3405; 2009(234)ELT224(Bom)

..... appearing for the petitioner has advanced the following contentions:a) that the authority carrying out investigation and/or inquiry under the foreign exchange management act and/or under the income tax act has no authority, in law, to impound the passport. ..... section 37 of the foreign exchange management act merely confers investing power by making reference to section 131(3) of the income tax act. ..... the first place, it is contended that section 23 of the passports act itself provides that the provisions of foreign exchange regulation act and other enactments relating to foreigners and foreign exchange are in addition to and not in derogation of the provisions of the passports act. ..... we further make it clear that this order is without prejudice to the rights and contentions of the respondents as well as of any other competent authority or department including the passport authority under the passport act for impounding of passport, if they are so entitled and choose to do ..... 2 enforcement directorate includes the powers which are conferred on income tax authorities under section 131(3) of the income tax act, 1961 ..... according to the petitioner, during the course of hearing of the said application, the court observed that as there was no order passed by the magistrate to retain the passport while granting bail to the petitioner, the petitioner should make necessary representation before the respondent ..... few facts that are relevant for adjudicating the issues involved are narrated hereinbelow. .....

Sukhdev Singh Dhindsa and ors. Vs. Union of India (Uoi) and ors.

Court : Punjab and Haryana

Reported in : (2005)141PLR257

..... learned counsel submits that since the newspaper report had revealed the violation of the provisions of foreign exchange and management act, only the authorities under the act were competent to investigate into the allegations. ..... the stand of the petitioners is that the material published in the newspaper left no doubt about the involvement of the chief minister and his son in hawala transactions and violation of foreign exchange laws and that the unaccounted money acquired by them through corrupt means was being sent abroad through illegal ..... they pray that the report be quashed with a direction to respondent no.l, namely, the union of india to get the allegations of commission of offences of hawala transactions and foreign exchange violations investigated through the directorate of revenue intelligence or any other independent agency ..... tendolkar, : [1959]1scr279 , a constitution bench of the supreme court observed that the recommendations of the commission of inquiry are not enforceable proprio vigore and that the inquiry or the report cannot be relied upon as judicial inquiry in the sense of its being an exercise of judicial function properly so- ..... the governor also ordered that the provisions of sub-sections (2), (3), (4) and (5) of section 5 of the act, conferring additional powers to the commission, with regard to summoning of any person; search and seizure of any premises and deeming the commission's proceedings as judicial proceedings, shall apply ..... is not an adjudication. .....

Rajkumar Shivhare Vs. Assistant Director of Enforcement

Court : Delhi

Reported in : 154(2008)DLT280

..... section 35 of the foreign exchange management act, 1999 ('fema' for short) enables any person aggrieved by any decision or order of the appellate tribunal to file an appeal to the ..... the original authority is constituted at one place and the appellate authority is constituted at another, a writ petition would be maintainable in the high court within whose jurisdiction it is situate having regard to the fact that the order of the appellate authority is also required to be set aside and as the order of original authority merges with that of the appellate authority.we must, however, remind ourselves that even if a small part of cause of action arises within the territorial jurisdiction of the high court, the same by itself may not be considered to be a determinative factor compelling the high court to decide the ..... raised by learned counsel for the respondent to the effect that if the petitioner is desirous of filing a writ petition or even an appeal, the high court holding territorial jurisdiction in the matter would be the bombay high court where the petitioner resides and carries on his vocation, where the entire cause of action has arisen and where the adjudication has taken place. ..... the contention of the petitioner is that the rules of natural justice have been violated inasmuch as the petitioner was not permitted to cross-examine the sole witness on the basis of whose testimony orders adverse to the interests of the petitioner had been passed by the special director of enforcement, .....

Union of India (Uoi) Vs. Nandalal Kushwaha and ors.

Court : Kolkata

Reported in : 2005(1)CHN594,2004(176)ELT78(Cal),[2005]64SCL342(Cal)

..... an appeal under section 52(2) of the foreign exchange regulation act, 1973 (1973 act) was pending before the board when the foreign exchange management act, 1999 (1999 act) came into force. ..... - (1) the foreign exchange regulation act, 1973 (46 of 1973) is hereby repealed and the appellate board constituted under sub-section (1) of section 52 of the said act (hereinafter referred to as the repealed act) shall stand dissolved. ..... pending before the board under the 1973 act but not disposed of before the commencement of the 1999 act shall stand transferred to and shall be disposed of by the appellate tribunal constituted under the 1999 act; and clause (c) every appeal from any decision or order of the appellate board under sub-section (3) or sub-section (4) of section 52 of the repealed act shall, if not filed before the commencement of this act be filed before the high court within the period of 60 days of such commencement provided that the high court may entertain such appeal after the expiry of the said period ..... under section 6 of the general clauses act unless a different intention appears, the repeal shall not '(c) effect any right, privilege, obligation or liability, acquired, accrued or incurred under any enactment so repealed; or.....and any such.....legal proceeding or remedy may be instituted, continued or enforced,..... .....