Foreign Exchange Regulation Act, 1947 (hereinafter referred to as "the FERA, 1947'). The gravamen of the departmental case against the respondents was that ... were alleged to have committed two contraventions of the provisions of FERA, 1947 by the Directorate of Enforcement. The first charge related to their failure
were alleged to have committed two
contraventions of the provisions of FERA, 1947 by the Directorate of
Enforcement. The first charge related to their failure ... respondent company, under Section 23(l)(a) of FERA, 1947.
Against the order dated 19.9.1977 the respondents filed five separate
appeals before the Appellate Board
seized of the penalty proceedings under Section 23(1)(a) FERA, 1947. The Apex Court, after taking into consideration Maqhool Hussain v. Slate of Bombay ... being in force'. The proceedings under Section 23(1)(a) FERA, 1947 are 'adjudicatory' in nature and character
Chennai Textile Chemicals Private Ltd. vs State Of Tamil Nadu And Anr. on 30 April
M.Shobana vs The Assistant Director on 25 September, 2013
Author: M.Venugopal
Bench: M
short "the FERA 1.947").
The learned Special Additional Director had initiated penalty proceedings under Section 23 of the FERA 1947 for contravention ... supported the judgment of the Appellate Board. He has contended that FERA 1947 and its Sections 5 and 23B not only deals with cases involving
have taken the view that Section 10(1) of the FERA, 1947 Act is not an independent provision and unless some directions given under Section ... Section 10(1)(a) under Section 23(1)(a) of FERA, 1947 and held further that a finding regarding the existence of 'mens
issued to Bhotika for contravention of Section 5 (1) of FERA of 1947 for payment of Rupees 12,250.00 to the credit of Ralli ... proceedings as contemplated in Section 51 of FERA of 1973 (Section 23-D of FERA of 1947) should not be held for such contravention
contravention of a provision of FERA 1973. This can be
contrasted with the FERA 1947 which ... repealed by FERA 1973.
FERA 1973 did not contain any sunset clause. That permitted the ED to
prosecute a contravention of FERA 1947 even after
establishing
contravention of Section 10 punishable under Section 23 of FERA, 1947.
Under Section 10 , no person who has a right to receive foreign exchange ... 7339 of 2013 etc.
under Section 23(1)(a) of FERA, 1947. Para Nos.7, 8 and 13 of the
judgment are relevant and hence
