Judgment Search Results Home > Cases Phrase: the punjab preemption repeal act 1973 Court: delhi Page 6 of about 1,763 results (0.385 seconds)

Directorate of Enforcement Vs. M.D. Ruparel and Sons

Court : Appellate Tribunal for foreign Exchange New Delhi

..... here, this is an admitted position that these revision petitions have arisen against adjudication order passed under the provisions of section 50 fer act, 1973 which act is repealed and replaced by foreign exchange management act, 1999, with effect from 1st june, 2000, in accordance with notification no. ..... if the repealing act provides a new forum where a legal proceeding coming on from before the repealing act came into force can be pursued thereafter, the forum must be as provided in the repealing act, and no party can insist that the forum of the repealed act must continue." 15. ..... on critical analysis and scrutiny of all relevant cases and opinions of learned authors, the conclusion becomes inescapable that whenever there is a repeal of an enactment and simultaneous re-enactment, the re-enactment is to be considered as re-affirmation of the old law and provisions of the repealed act which are thus re-enacted continue in force uninterruptedly unless, the re-enacted enactment manifests an intention incompatible with or contrary to the provisions of the repealed act. ..... state of punjab jt 2004 (3) sc 380 that even a defective evidence is required to be circumvented in the process of evaluation of evidence and a guilty cannot be acquitted merely on defect of investigation or defect of trial proceedings. .....

Dr. Jaswant Singh Vs. Directorate of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

..... this being a composite penalty for violation of two sections of the foreign exchange regulation act, 1973, without any separate specification so after acquitting the appellant against the charge of section 8(2), this amount of penalty is re initially required to be reduced, at least, by half, ..... 10,00,000 for contravention of sections 8(1) and 8(2) of the foreign exchange regulation act, 1973, ( the said act) and also ordered confiscation of the recovered foreign exchange of us dollar 1811, dm 1800, canadian dollar 12, uae dirhams 10 and indian ..... as the finding of guilt for contravention of the provisions of section 8(2) of the foreign exchange regulation act, 1973, is dependent on the confession recorded by the police or on the same version repeated before enforcement directorate without such confession being recorded by magistrate under section 164 criminal procedure code, it does not ..... when the factual position in this appeal is examined, the appellant made some confession of making the sale and purchase of foreign currency before punjab police and thereafter repeated these words again in the custody of ..... the evidence available against the appellant is that of, (a) recovery from personal search by punjab police of foreign currency ..... it is seen from the record that on 12-9-1989 appellants personal search was conducted by punjab police which resulted in recovery and seizure from him of us $ 800 (international money orders), us $ 119 (cash), dm 1,800 ( ..... state of punjab air 1975 ..... punjab .....

Phuman Singh Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

..... 10,000 for contravention of section 9(1)(b) of the foreign exchange regulation act, 1973 ('the act') and rs. ..... it was also submitted on behalf of the appellant that the documents in issue were actually seized from the premises of a third person and not from the appellant and, as such, the seized documents, according to the counsel, would not have any bearing on the charges levelled against the appellant, particularly when the appellant was not supplied copy(s) of the seized documents. ..... the counsel for the appellant further submitted that in the absence of any specific mention of the name of person(s) on whose behalf the money has been paid/received as also owing to the lack of proof of the factum of actual remittance of the money, the offences in issue cannot be said to have been proved by the prosecution. ..... the counsel for the appellant submitted that the confessional statement dated 16-6-1988 was not voluntary and true, that as the confessional statement was retracted by the appellant vide his letter dated 20-6-1988, the same cannot be relied upon in the absence of its corroboration and that the confessional statement was recorded in english by a third person whereas the appellant does not know english language. ..... 7,500, particularly in view of the prevailing circumstances in the state of punjab. 9. ..... 12,500 particularly owing to the prevailing situation in punjab as also on the ground that it was only a family transaction. ..... further, the appellant is an agriculturist in punjab. .....

G.K. Asrani Vs. Deputy Director, Enforcement Directorate

Court : Appellate Tribunal for foreign Exchange New Delhi

..... 45,000 were respectively imposed for contravening the provisions of section 9(1)(b) and section 14 of the foreign exchange regulation act, 1973 ( the act). 2. ..... case held that a person who owns foreign exchange for the purpose of section 9 of the foreign exchange regulation act, 1947, must be one who has title to and control over the moneys and foreign currencies so as to be able to offer or cause them to be offered for sale to the reserve bank of india, and the person who holds foreign exchange for the purpose of section 9 must be one who has control over the moneys and foreign currency so as to be able to offer or cause them ..... in view of the fact, that the registered cover was admittedly addressed to the appellant and the evidence of the sender to the effect that the source was a foreign source, the andhra pradesh high court held that the finding of contravention under section 9(1)(b) and (d) was established based on evidence. ..... if there has been agreement specifying the rate of payment and the agreement has been duly performed by the appellant, the chain of events is, thus, complete, and, in all probabilities, the appellant must have been paid in terms of the agreement unless contrary is shown. ..... similarly, the cases of state of punjab v. ..... in support of these contentions, shri kumar has placed reliance on state of punjab v. .....

Addi Fashions Vs. Director of Enforcement

Court : Appellate Tribunal for foreign Exchange New Delhi

..... all these appeals were preferred from an order dated 31-3-1998 of the assistant director of enforcement directorate, new delhi in proceedings under section 51 of the foreign exchange regulation act, 1973, hereafter referred to as the act for short, in respect of charges of contravention under section 18(2) and 18(3) read with section 68(1) of the act; by virtue of the said order, all the notices the firm by name m/s. ..... 779280, as they were informed by the punjab national bank their authorised dealer. ..... the impugned findings reveal that the adjudicating officer had already considered the submissions of the parties regarding their addressing the rbi for waiver; it is clear that the condition of reasonable time of the expiry of the term of 180 days after the shipment of the goods, the appellants had not taken steps for realisation of the export proceeds or for extension of time from the rbi. ..... as rightly submitted by the ala, it is only by way of idle formality that the appellants addressed the rbi long after the expiry of the time for realisation of the export proceeds, the so-called efforts by the appellants cannot be termed as reasonable efforts and so the statutory presumption under section 18(3) stands unrebutted; the impugned findings is therefore, sustained. 9. .....

Anil Kumar Khurana Vs. Union of India and ors.

Court : Delhi

Reported in : 62(1996)DLT313

..... reliance was placed in paragraph 8 on the judgment and the same reads as follows:- 'the assumption behind shri garg's argument regarding the effect of the provisions of section 6 of the general clauses act is that the provisions of the repealed act as such are continued in force even after the repeal and that the operation of the provisions of the repealing act is barred. ..... in this case, with reference to an act done by the writ petitioner when the foreign exchange regulation act, 1947 was in force, proceedings were initiated after the coming into force of the foreign exchange regulation act, 1973, the argument was that the authorities cannot take any action against the petitioner under the new act. ..... ' ultimately, the punjab & haryana high court said 'agreeing with the long line of precedents and affirming a rule which appears to us hoary by usage, we hold that the writ petitioners, in the present case, have by their own conduct disentitled themselves to the relief which they sought to claim ..... (61) in the 4th case, referred to above, the punjab & haryana high court following the decision of the court of appeal quoted from the decision of the full . ..... town improvement act, 1919 and punjab municipal act to the extent necessary are saved and, thereforee, it is in this light the right of mcd to issue the notice has to be ..... on the date when he made the claim the law that was governing the rights of parties was east punjab refugees (registration of land claims) act, ordinance (7 of 1948 .....

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. ..... state of punjab [2001] 1 scc 291 commenting on this aspect, it was held by the supreme court, that:.notice to the affected person mandated in the section is not an empty formality; it is meant for a purpose. ..... , if on a true construction of the provisions of the said two sections the respondent has no jurisdiction to initiate proceedings or make an inquiry under the said sections in respect of certain acts alleged to have been done by the appellants, the respondent can certainly be prohibited from proceeding with the same.on a reading of the notices issued under section 61 of the act, we are of the view that they are in terms of that section and there is no reason to interfere with them in these writ petitions and that it would be appropriate to leave the appellants to their .....

Heminder Kumari Vs. Assistant Commissioner of Income-tax.

Court : Delhi

Reported in : (1996)56TTJ(Del)280

..... he further invited our attention to the provisions of section 510 of that act which inter alias provide that notwithstanding anything contained in the punjab district boards act, 1883, as in force in delhi, as from the commencement of the dmc act, the powers, duties and functions which may be exercised and performed by any local authority referred to in the said act of 1883, shall, until the establishment of the corporation, be exercised and performed by a person to be appointed by the central government as it may specify. ..... he further invited our attention to the provisions of section 516 read with the 13th schedule, whereby the punjab district boards act, 1883 was repealed. ..... he further referred to the provisions of section 2(52) which define the expression 'rural areas' to mean the areas of delhi, which immediately before the establishment of the corporation were situated within the local limits of the district board of delhi established under the punjab district boards act, 1883, but shall to include such portion thereof as may, by virtue of a notification under section 507, cease to be included in the rural areas as herein defined. ..... 77 dated 6-2-1973 published in 89 itr 145-160 (statute) no area within the municipality limits has been notified on the basis that a rural area so covered has become an urban area.5.1 the learned dr also referred in detail to the scheme of the provisions of the delhi municipal corporation act. .....

Wing Commander (Retired) H.M. Sethi Vs. Ministry of Human Resources an ...

Court : Delhi

Reported in : 1999IAD(Delhi)213; 77(1999)DLT37; ILR1998Delhi908

..... register of indian medicine is not maintained if, on such commencement, he has been practicing indian medicine for not less than five years; (d) the rights conferred by on under the indian medical council act, 1956 (including the right to practice medicine as defined in clause (f) of section 2 of the said act) on persons possessing any qualifications included in the schedules to the said act; (4) any person who acts in contravention of provision of sub-section (2) shall be punished with imprisonment for a term which may extend to one year, or with fine ..... indian medicine central council act, 1970, homoeopathic central council act, 1973 and indian medical degrees act, 1916 of late, newspapers have been flooded with advertisements of the institutions which are functioning in violation of the provisions of said acts and causing incalculable damage to public health. ..... state of punjab & others, : air1999sc468 , vaids/hakims have been held to be entitled to practice in modern scientific medicine in any of its branches provided their names are enrolled on state medical register within the meaning of 1956 act and notification under clause (iii) of rule 2(ee) of the drugs and cosmetics rules, 1945 issued declaring them as persons practicing modern system of medicine for the purposes of the drugs act. 23. .....

Surajit Nundy and Others Vs. Management of Mirambika Free Progress Sch ...

Court : Delhi

..... the completion of the building in the year 1991, the school has been functioning continuously from the premises and was in the meantime recognised by doe; (xii) that the management and principal of the school, on the pretext of taking the students for an annual picnic on 20th march, 2015, shifted the school from where it was earlier housed to a makeshift premises severely jeopardising their safety, health, hygiene and the security of the school and in violation of the delhi school education act, 1973 (school act) and the delhi school education rules, 1973 ..... state of punjab (2012) 12 scc 331 to contend that even a purely private body over internal affairs whereof the state has no control would be amenable to the jurisdiction of the high court under article 226 of the constitution if such a body is performing public functions and it was contended that since imparting of education which the school is performing is a public function, this writ is maintainable; (xxviii) attention was invited to the judgment dated 21st july, 2015 of the division bench of the high court of bombay in w.p. .....