Judgment Search Results Home > Cases Phrase: foreign exchange management act 1999 section 30 power of chairperson to transfer cases Page 1 of about 169 results (0.158 seconds)

Directorate of Enforcement Vs. the Appellate Tribunal for Foreign Exch ...

Court : Delhi

Reported in : [2005]127CompCas724(Delhi); 108(2003)DLT1; 2003(70)DRJ495; 2004(91)ECC230; [2003]48SCL562(Delhi)

..... in this writ petition the provisions of section 20(4) of the foreign exchange management act, 1999 (hereinafter referred to as fema) have come up for interpretation. ..... power of chairperson to transfer cases - on the application of any of the parties and after notice to the parties, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson may transfer any case pending before one bench, for disposal, to any other bench. ..... if at any stage of the hearing of any case or matter it appears to the chairperson or a member that the case or matter is of such a nature that it ought to be heard by a bench consisting of two members, the case or matter may be transferred by the chairperson or, as the case may be, referred to him for transfer, to such bench as the chairperson may deem fit. ..... this is so because under the scheme of the provisions of section 20(4) of fema, if a case is being heard by the chairperson, only then can a party approach him for transferring the case to a bench consisting of two members. ..... under sub-section (4) of section 20 the chairperson or a member may, if he/she feels that a particular case or matter is of such a nature that it ought to be heard by a bench consisting of two members, transfer the matter to such bench ..... ' there is no quarrel with the proposition that the chairperson can, either upon an application by any party or suo motu, transfer any case pending before one bench for disposal to any other bench .....

Common Cause (a Registered Society) Vs. Union Of India

Court : Supreme Court of India

..... notwithstanding anything contained in the foreign exchange management act, 1999 or any other law for the time being in force, (a) the central government shall appoint a director of enforcement in the directorate of enforcement in the ministry of finance on the recommendation of the committee consisting of (i) the central vigilance commissioner chairperson; (ii) vigilance commissioners members; (iii) secretary to the government of india in-charge of the ministry of home affairs in the central government member; (iv) secretary to the government of india in-charge ..... appointment as a director of enforcement; (d) a director of enforcement shall continue to hold office for a period of not less than two years from the date on which he assumes office; (e) a director of enforcement shall not be transferred except with the previous consent of the committee referred to in clause (a); (f) the committee referred to in clause (a) shall, in consultation with the director of enforcement, recommend officers for appointment to the posts above the level of ..... said case is regarding replacement or substitution of the 24 | pa ge existing member for the purpose of reconstitution of a commission under the commissions of inquiry act, 1952 by invoking power under section 21 of the general clauses act. ..... narain that the director of enforcement shall have a minimum tenure of two years and that premature transfer for any extraneous reason shall be 10 | pa ge approved by the selection committee headed by the .....

Suborno Bose Vs. Appellate Tribunal for Foreign Exchange and ors.

Court : Kolkata

Reported in : [2009]150CompCas113(Cal),[2008]88SCL23(Cal)

..... the said regulation is set out hereunder:the foreign exchange management (realisation, repatriation and surrender of foreign exchange) regulations, 2000:in exercise of the powers conferred by section 8, sub-section 10, clause c of sub-section 2 of section 47 of the foreign exchange management act, 1999 (42 of 1999), the reserve bank makes the following regulations relating to the manner of, and the period1. ..... of its receipt.6. period for surrender in certain cases - (1) any person who has acquired or purchased foreign exchange for any purpose mentioned in the declaration made by him to an authorized person under sub-section 5 of section 10 of the act does not use it for such purpose or for any other purpose for which purchase or acquisition of foreign exchange is permissible under the provisions of the act or the rules or regulations or direction or order made thereunder, shall surrender such foreign exchange or the unused(2) notwithstanding anything contained in ..... . it is further pointed out that the appellate authority has found that from the mou dated 22nd october, 2001, the appellate company was transferred from old management to the new management after the shares were transferred for about six crores of rupees .....

KA. Manshoor Vs. Assistant Director, Enforcement Directorate, Governme ...

Court : Chennai

Reported in : [2010]97SCL167(Mad)

..... the short question that arises for consideration is whether the summons issued by the respondent under section 37 of the foreign exchange management act, 1999 (for short 'fema') should be interdicted by this court on the ground that there was no application of mind and the documents sought ..... issued reads as follows:whereas your attendance is required in connection with the proceedings under the foreign exchange management act, 1999, in your case, you are hereby required to personally attend before me at the above address, on the ..... power is available to deal with the discovery of materials in contravention of foreign exchange ..... , by any person or class of persons, within his jurisdiction, then, for the purposes of making any enquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the income-tax authorities referred to in that sub-section, notwithstanding that no proceedings with respect to such person or class of persons are pending before him or any other income-tax authority. ..... case i must accept the petitioner's contention that there has been no application of mind by the income-tax officer and, as such, the impugned summons was beyond the power under section 131 of the income-tax act ..... mentioned in section 131 of the income-tax act have been vested with powers to make the orders as mentioned therein provided they are satisfied that the orders made would be relevant for the purpose of deciding the case pending .....

S.K. Sinha, Chief Enforcement Officer Vs. Videocon International Ltd. ...

Court : Supreme Court of India

Reported in : AIR2008SC1213; 2008(2)ALT(Cri)279; [2009]148CompCas261(SC); 2008CriLJ1636; [2008(3)JCR56(SC)]; JT2008(2)SC8; RLW2008(3)SC2147; 2008(2)SCALE23; (2008)2SCC492; [2008]81SCL507; 2008AIRSCW1203; 2008CriLJ1636; 2008(1)Crimes315; 2008(2)AICLR126; 2008(2)LH(SC)860

..... on june 1, 2000, fera was replaced by the foreign exchange management act, 1999 (hereinafter referred to as 'fema').4. ..... the day when complaint was filed which was well within the period of limitation provided by section 49(3) of fema and as such the criminal court was within its power in issuing process and in proceeding with the matter and the high court was not justified in quashing the proceedings on the ground that cognizance was taken by the court on february 3, 2003 when process was ..... -(1) if in the opinion of a magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears to be -(a) a summons-case, he shall issue his summons for the attendance of the accused, or(b) a warrant-case, he may issue a warrant, or, if he thinks fit, a summons, for causing the accused to be brought or to appear at a certain time before such magistrate or (if he has no jurisdiction himself) some other magistrate having jurisdiction. ..... but from the scheme of the code, the content and marginal heading of section 190 and the caption of chapter xiv under which sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. .....

Rajshree Sugars and Chemicals Limited Rep. by Its Director and Chief O ...

Court : Chennai

Reported in : 2008BusLR908; 2009(1)CTC227; (2008)8MLJ261

..... following the above amendment to the securities contracts (regulation) act, with effect from 22.2.2000, the reserve bank of india notified certain regulations known as 'foreign exchange management (foreign exchange derivative contracts) regulations, 2000', in exercise of the powers conferred under section 47(2)(h) of the foreign exchange management act, 1999. ..... case, the supreme court referred to the provisions of sections 19(6) to 19(11) of the act and concluded that when the pleas raised by the borrower are inextricably connected with the claim of the bank, they would fall within the categories of set off or counter claim and that therefore the suit filed by the borrower should be transferred to the tribunal. ..... but the question as to whether the civil suit is liable to be transferred to the tribunal after an application is filed by the bank before the tribunal (in the light of the ratio laid down in ranjan chemicals case and marshal's power case), is actually premature at this stage, since the bank has not filed any application before the drt as on date. 33. ..... ranjan chemicals ltd was a case primarily arising out of the refusal of a civil court to transfer a suit filed by the borrower to the tribunal, for being tried jointly with an application of the bank pending before the tribunal. .....

Shri S. Radhakrishnan and ors. Vs. Commissioner of Customs

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2007)(212)ELT436Tri(Chennai)

..... in this connection attention of money chargers is drawn to sub-section (5) of section 10 of the foreign exchange management act, 1999 (42 of 1999) which provides that an authorised person shall before undertaking any transaction in foreign exchange on behalf of any person require that person to make such a declaration and to give such information as will reasonably satisfy him that the transaction will not involve and is not designed for the purpose of any contravention or evasion of the provisions of the act or any rule, regulation, notification, direction or order issued thereunder. ..... therefore, contravention of provisions of section 11 of the customs act, 1962 read with section 3(3) of foreign trade (development and regulations) act, 1992 (ftdra) and section 3 of the foreign exchange management act, 1999 (fema) were clearly established and therefore travellers cheques seized were liable for confiscation under section 113(d) of the customs act and shri t. ..... in this case the confiscated currency had been obtained in terms of foreign exchange management (export & import of currency) regulations, 2000.the foreign currency dealers who had issued the impugned currency were also governed by circular a.p. ..... vendan exim trades, for sponsoring persons for business travel and that the said amount had been transferred from m/s. ..... 17.7 lakhs for which he had issued cheques had been transferred from m/s. .....

Dr. K.M. Prasad and ors. Vs. Union of India (Uoi)

Court : Jharkhand

Reported in : 2003(51)BLJR1313; [2003(3)JCR452(Jhr)]

..... the prayer of the petitioners, in this application is for quashing of the order dated 31.5.2002 taking cognizance of the offences punishable under section 56 of the foreign exchange regulation act, 1973, r/w section 49 (3) & (4) of the foreign exchange management act, 1999 as well as the entire criminal proceeding, being complaint case no. ..... on the basis of the complaint, the opposite party, prayed that the cognizance of the offence punishable under section 56 of the fera, 1973 read with section 49 (3) and (4) of foreign exchange management act, 1999 (fema) be taken against the accused petitioners and they be prosecuted for committing the aforesaid offences.5. ..... the prosecution says that during the course of the investigation the accused made a confessional statement and as he has committed breach of section 8(1) of the foreign exchange regulation act, he was liable to be prosecuted and convicted.the accused, inter alia, submitted in his original application for quashing that there was no allegations against him, alleged confession was retracted and that the said confession .....

Udai Prakash Bhartiya Vs. Deputy Director, Enforcement Directorate and ...

Court : Allahabad

Reported in : 2002(3)AWC2391

..... the next contention of the petitioner is that in paragraph 2 of the notice, it has been observed that considering the cause shown by the complainant in his complaint, the authority concerned is satisfied that there is a prima facie contravention of section 4 of foreign exchange management act, 1999, but this could be recorded only after the petitioner was given opportunity of hearing. ..... (4) on the date fixed, the adjudicating authority shall explain to the person proceeded against or his legal practitioner or the chartered accountant, as the case may be, the contravention, alleged to have been committed by such person indicating the provisions of the act or of rules, regulations, notifications, direction or orders or any condition subject to which an authorisation is issued by the reserve bank of india in respect of which contravention is alleged to have taken place.' 4. ..... a perusal of paragraph 2 of the notice only indicates that on the facts as disclosed in the complaint, a prima facie case was made out for giving a notice to the petitioner. ..... learned counsel for the petitioner submitted that the first notice as envisaged under sub-rule (1) and thereafter second notice under sub-rule (3) ought to have been given and in any case, a composite notice is not contemplated under the provisions of the act or rules.5. ..... the notice was issued only after the satisfaction that the contents of the complaint make out a case to issue a notice to the petitioner.8. .....

Prof. Krishnaraj Goswami, Advocate Vs. the Reserve Bank of India Throu ...

Court : Mumbai

Reported in : 2007(6)BomCR565; (2007)109BOMLR1981; [2008]83SCL113(Bom)

..... it is contended on behalf of the petitioner that the said circular is unconstitutional, without jurisdiction and is ultra vires the provisions of foreign exchange management act, 1999 (hereinafter referred to as 'the act') and rules framed thereunder, as no power is vested under section 10(4) and 11(1) of the act which empowers and authorises the reserve bank of india to issue such circulars. ..... the directions in this circular have been issued under sections 10(4) and 11(1) of foreign exchange management act, 1999 (42 of 1999) and is without prejudice to permissions/approvals, if any, required under any other law.yours faithfully,(salim gangadharan)chief general manager-incharge2. ..... necessary amendments to the foreign exchange management (transfer or issue of security by a person resident outside india) regulations, 2000 are being issued separately.5. ..... 25december 22, 2006toall category-1 authorised dealer banks.madam/sir,foreign investment in infrastructure companies in securities markets -amendment to the foreign direct investment scheme.attention of authorised dealer category - 1 (ad category - 1) banks is invited to schedule 1 to foreign exchange management (transfer or issue of security by a person resident outside india) regulations, 2000, notified vide fema notification no. ..... the present case certainly does not fall in any of the classes clarified in the supreme court's dicta in these judgments.7. .....