Judgment Search Results Home > Cases Phrase: foreign exchange management act 1999 section 14 enforcement of the orders of adjudicating authority Page 2 of about 1,073 results (0.339 seconds)

Sukh Ram vs.directorate of Enforcement & Anr

Court : Delhi

..... the said writ petition was filed challenging the order dated 08.09.2015 of the adjudicating officer, directorate of enforcement imposing a penalty of rs.1 crore under section 49(3) and (4) of the foreign exchange management act, 1999 for contravention of the provisions of section 9(1)(b) and section 72(i)(c) of foreign exchange regulation act, 1973.3. ..... the learned single judge declined to entertain the writ petition on the ground that an alternative efficacious remedy of appeal is available against the impugned order under section 17 of the foreign exchange management act, 1999 (for short 'fema'). ..... assailing the said order, it is contended by sh.kirti uppal, the learned senior counsel appearing for the appellant/writ petitioner that the order dated 08.09.2015 of the adjudicating officer being in violation of the principles of natural justice, the availability of alternative remedy is not a bar to invoke the jurisdiction of this court under article 226 of the constitution of india. ..... hence, we consider it appropriate to condone the delay subject to the condition of the appellant/applicant depositing a sum of rs.5,000/- to the delhi state legal services authority within two weeks from today. .....

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an appeal against the adjudication orders passed by the assistant director/deputy director of encroachment under the repealed provisions of foreign exchange regulation act, 1973 ('fera' for short) read with section 49 of the foreign exchange management act, 1999 ('fema' for short) is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. .....

K.M. Mohammed Shafi and Others Vs. Union of India represented by its S ...

Court : Kerala

..... (d) in the counter affidavit respondents have brought an order dated 6.3.2009 issued by the government of india, ministry of finance (annexure r1([b]) which is to the following effect: f.no.16/85/2008-ad-edgovernment of india ministry of finance,department of revenuenew delhi, the 6th march, 2009order the officers of the rank of assistant director and above in the directorate of enforcement, ministry of finance, department of revenue, government of india, new delhi are hereby empowered for the purpose of section 54 of the foreign exchange regulation act (fera), 1973 and section 55 of foreign exchange management act fema), 1999. ..... in this case, another assistant director and not the adjudicating authority himself has preferred an appeal and there is no bar under fema, 1999 any assistant director to file an appeal against the order of another assistant director (adjudicating authority) and section 17(2) of fema states that any person aggrieved by an order made by the adjudicating authority, being an assistant director of enforcement or deputy director of enforcement, may prefer an appeal to the special director (appeals) . ..... section 14 deals with enforcement of the orders of adjudicating authority. .....

Maars Software International Ltd. Vs. Union of India

Court : Supreme Court of India

..... the enforcement directorate, mumbai through its assistant director filed a complaint, being 2 2 complaint no.t 3/536 b/2002, under section 16 (3) of the foreign exchange management act, 1999 (for short fema ) against the appellant company before the special director of enforcement mumbai (adjudicating authority).6. ..... by impugned order, the high court allowed the appeals, set aside the order of the tribunal and restored the order of the adjudicating authority. ..... by order dated 07.01.2010, the tribunal allowed the appeals and set aside the order dated 13.03.2008 and directed the authorities to refund the amount which was deposited by the appellants in these proceedings for filing the appeals.12. ..... by order dated 13.03.2008, the special director allowed the complaint and held that the appellant company has contravened the provisions of fema as prayed in the complaint and accordingly imposed a penalty of rs.4 crores on the appellant no.1 company and rs.1 crore on 5 5 appellant no.2 managing director shri varadharajan as provided under fema.11. ..... the union of india felt aggrieved by the order of the tribunal and filed appeals in the high court under section 35 of the fema whereas the appellants herein filed a writ petition in the high court against the union of india and sought therein a writ of mandamus claiming refund of the pre deposit amount. 6 6 13. .....

Ruchi Soya Industries Ltd Vs. Asstt. Director, Enforcement of Director ...

Court : Delhi

..... a show cause notice was issued to the petitioner by the respondent alleging that the foreign exchange allocated against the said license having not been utilized why adjudication proceedings under section 51 of foreign exchange regulation act, 1973 (in short fera ) read with section 8 (3) and (4) of foreign exchange management act, 1999 (in short fema ) be not held against the petitioner.3. ..... for contravention of the provisions of section 8 (3) & 8 (4) of fera, 1973 for not producing evidence for import of goods against remittance of foreign exchange equivalent to rs.18,84,040/-. ..... 848/2010 any person aggrieved by such order may (on payment of such fee as may be prescribed and), after depositing the sum imposed by way of penalty under section 50 and within 45 days from the date on which the order is served on the person committing the contravention, prefer an appeal to provided that the appellate board may entertain any appeal after expiry of said period of forty five days but not after 90 days, from the date aforesaid if it is satisfied that appellant was prevented by sufficient cause ..... the adjudicating authority passed the order on 27th august, 2003 imposing a penalty of rs.28,26,000/- on the petitioner. ..... director directorate of enforcement, mumbai imposing a penalty of rs.28,26,000/- (rupees twenty eight lakhs twenty six thousand only) against m/s ruchi soya industries ltd. ..... director, enforcement of directorate ..... .....

Ruchi Soya Industries Ltd Vs. Asstt. Director, Enforcement of Direct ...

Court : Delhi

..... a show cause notice was issued to the petitioner by the respondent alleging that the foreign exchange allocated against the said license having not been utilized why adjudication proceedings under section 51 of foreign exchange regulation act, 1973 (in short fera ) read with section 8 (3) and (4) of foreign exchange management act, 1999 (in short fema ) be not held against the petitioner.3. ..... for contravention of the provisions of section 8 (3) & 8 (4) of fera, 1973 for not producing evidence for import of goods against remittance of foreign exchange equivalent to rs.18,84,040/-. ..... 848/2010 any person aggrieved by such order may (on payment of such fee as may be prescribed and), after depositing the sum imposed by way of penalty under section 50 and within 45 days from the date on which the order is served on the person committing the contravention, prefer an appeal to provided that the appellate board may entertain any appeal after expiry of said period of forty five days but not after 90 days, from the date aforesaid if it is satisfied that appellant was prevented by sufficient cause ..... the adjudicating authority passed the order on 27th august, 2003 imposing a penalty of rs.28,26,000/- on the petitioner. ..... director directorate of enforcement, mumbai imposing a penalty of rs.28,26,000/- (rupees twenty eight lakhs twenty six thousand only) against m/s ruchi soya industries ltd. ..... director, enforcement of directorate ..... .....

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 ..... .....

M Gopi Vs. The Joint Director

Court : Karnataka

..... in fact, the central government in exercise of its power conferred under section 49(1) has appointed the deputy director under foreign exchange management act, 1999, as the deputy director for the purpose of pmla vide order s.o.1274(e) in f.no.6/2/2005-es which has been duly notified in the gazette of india extraordinary, part-ii, section-3(ii) in no.961 on 13.09.2005.123. ..... in the event of the appellate tribunal were to either confirm, vary, modify or set aside 219 the order of adjudicating authority, the aggrieved person would be at liberty to challenge the same by filing further appeal under section 42 before this court within sixty days from the date of communication of the decision. ..... the law to be applied as on that date when the crime allegedly took place as set out in the final report under section 173 or ecir registered by the enforcement directorate based on report under section 173 or the law on the date the proceedings are going on under section 8 before the adjudicating authority or law 78 when the appeal is pending before appellate authority under section 26. ..... the adjudicating authority director directorate of enforcement government of india, 4th floor jeevan deep building parliament street new delhi - 110 001. .....