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
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
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
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
contravention of the provisions of the Foreign Exchange Regulation
Act, 1947 (FERA) that without a finding regarding the existence of
mens rea or Criminal intent ... contravention of the provisions of Section 10 (1) (2) of the FERA
1947.
17. The Bench had formulated the following two questions for
consideration
contravention of the provisions of the Foreign Exchange Regulation
Act, 1947 (FERA) that without a finding regarding the existence of
mens rea or Criminal intent ... contravention of the provisions of Section 10 (1) (2) of the FERA
1947.
17. The Bench had formulated the following two questions for
consideration
FERA, 1973, I am obliged to refer the corresponding provisions to Section 61 and 51 of the FERA, 1973 to that of the FERA, 1947 ... corresponding Sections, namely Section 51 the FERA, 1973 and Section 23-D of the FERA, 1947 read as follows:
" Section 51 of the FERA
provisions to Section 61
and 51 of the FERA, 1973 to that of the FERA, 1947, namely Sections 23(1) and
23-D respectively ... corresponding Sections, namely Section 51 the
FERA, 1973 and Section 23-D of the FERA, 1947 read as follows:
" Section 51 of the FERA
which attracts "penalty" under Section 23 (1)(a) FERA, 1947 and a finding that the delinquent has contravened the provisions of Section ... FERA, 1947 would immediately attract the levy of penalty under Section 23 , irrespective of the fact whether the contravention was made by the defaulter with