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1 - 10 of 11 (0.22 seconds)Section 54 in The Foreign Exchange Regulation Act, 1973 [Entire Act]
The Employees’ Provident Funds And Miscellaneous Provisions Act, 1952
Regional Provident Fund Commissioner vs Employees Provident Fund Appellate ... on 7 March, 2014
5.5 All the above decisions came to be considered by this Court in
Regional Provident Fund Commissioner v. Employees Provident
Fund Appellate Tribunal [2014 (3) GLR 2646] to hold that
Regional Provident Fund Commissioner lacked the locus standi to
challenge the order passed by the Appellate Tribunal which
interfered in the order passed by the Regional Provident Fund
Commissioner, as the Regional Provident Fund Commissioner
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functions in passing the order as Adjudicatory Authority under
Section 14B of the Act. He could not be, therefore, treated as
'aggrieved person' within the concept of Section 7I of the Act.
Section 4 in The Foreign Exchange Regulation Act, 1973 [Entire Act]
Section 9 in The Foreign Exchange Regulation Act, 1973 [Entire Act]
Mohtesham Mohd. Ismail vs Spl. Director, Enforcement ... on 9 October, 2007
5.5.2 Applying the principles in Mohtesham Mohd. Ismail
(supra) it was finally laid down,
"7.2 The above principle applies squarely in the
present case. The petitioner-Regional Provident Fund
Commissioner was an authority specified by the
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Central Government and functioning accordingly for
the purpose of exercising powers under Section 14B
of the EPF Act could not have a locus standi to
challenge the order of the EPF Appellate Tribunal,
which considered his order. The petitioner Authority
was an adjudicatory authority who exercised power
of quasi judicial nature to determine the lis. He
himself could not have claimed any lis in the subject
matter. For the petitioner Authority, no locus standi
is available to challenge the order of the Appellate
Tribunal. The petitioner Authority cannot fall within
the purview of "any person aggrieved" at the
instance of whom appeal under Section 7I would lie."
The Employees' Provident Funds Scheme, 1952
Director Of Enforcement, Madras vs Rama Arangannal And Anr. on 29 August, 1980
(para 13)
5.2 While holding as above, the Supreme Court referred to and relied
on the decision of the Madras High Court in Director of
Enforcement, Madras v. Rama Arangannal [AIR 1981 Madras 80]
wherein the Madras High Court held thus,
"4. On the question as to the maintainability of the
appeal, it is seen that the Explanation to Section 54 of the
Foreign Exchange Regulation Act 1973 treats only the Central
Government as an aggrieved party for the purpose of filing an
appeal to the High Court in respect of orders passed by the
Foreign Exchange Regulation Appellate Board under that
section. Therefore, only the Central Government can file and
prosecute an appeal against the order of the Appellate Board,
and not any other authority, In this case, the appeal has been
filed by the Director of Enforcement, who Is the initial authority
who passed the adjudication order against the respondents and
whose order has been set aside by the Appellate Board on an
appeal filed by them. Therefore, the Director of Enforcement
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cannot be said to be aggrieved by the order of the Appellate
Board merely because the Appellate Board has set its order of
adjudication aside.
District Collector,Srikakulam & Ors vs Bagathi Krishna Rao & Anr on 2 June, 2010
5.3 In District Collector v. Bagathi Krishna Rao [(2010) 6 SCC
427], the Apex Court laid down that appeal filed by the District
Collector, Revenue Officer and District Forests Officer as against
judgment in the suit would not be said to be maintainable and that
the State of Andhra Pradesh was the necessary party.