even after the permission
was granted by the Reserve Bank under the FERA, proper -
Companies Act, 1956 section 111(1) & (3).
F. Shares, Purchase ... time by the Reserve Bank of India under section
73(3) of FERA and clarifications thereof contained in Press
Release dated 17.9.83 and the circular
provisions of the
Foreign Exchange Regulation Act, 1973 (hereinafter referred
as FERA) and would also cover unjust enrichment; (iii) it
would be contrary ... 30th month to the
120th month and no interest was payable without FERA
sanction after due date of each instalment; (vi) no
liability for interest
apply for the
permission of the Reserve Bank under S. 29 (1) FERA for
continuing to carry on its business. The Holding Company had
also ... permission of the Reserve Bank under
S. 29 (4) (a) FERA for continuing to hold its shares in
NIIL.
NIIL applied to the Reserve Bank
Foreign Exchange
Regulation Act, 1973 (hereinafter referred to
as FERA), Raj Kumar Dhoot, Director of the
Company appeared before the Department on April ... more Rupees to their
foreign suppliers. On June 1, 2000, FERA was
replaced by the Foreign Exchange Management
Act, 1999 (hereinafter referred to as FEMA
Foreign
Exchange Regulation Act, 1973 (hereinafter referred to as
the 'FERA') and taken to the Magistrate under sub-section
(2) thereof, we while ... also for the
reasons (i) that the scheme for both the FERA and the
Customs Act is more or less the same; (ii) the provisions
under the Foreign
Exchange Regulation Act, 1973 (hereinafter referred to as
the FERA) for showing cause why adjudication proceedings
for imposition of penalty under Sections ... FERA be not initiated against the appellant bank and some
of its officers and further notices under Section 61 of the
FERA giving an opportunity
Section 52 of Foreign Exchange
Regulation Act 1973 (in short FERA), instead of following the proviso
to sub section (2) to Section 19 of FEMA ... contravened the provisions of
3
Sections 8(3) , 8(4) of FERA read with sub-sections (3) and (4) of
Section 49 of FEMA. Copies
Hemendra M. Kothari vs. Shri W.S. Vaigankar,
Assistant Director, Enforcement Directorate (FERA), Govt. of
India and State of Maharashtra ), decided ... hold the present applicant guilty for
contravention of the provisions of FERA and he was
completely exonerated. When in the departmental
proceedings before the adjudicating
Inculpatory statement given
to officer of Enforcement department under s.39 of FERA
subsequently retracted stating it as involuntary and
obtained by inducement and threat ... judicial proceeding' to be examined
only quo the provisions of the FERA and not with reference
to I.T.Act.
Evidence
been issued by the Central
Government specifying the offences under
FERA to be investigated by the members of
DSPE. It is also not in dispute ... said
notification. In the schedule under Clause (a),
offences punishable under the FERA and
under Clause (b) attempts, abatements and
conspiracies in relation