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
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 repealed by FERA 1973.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
Bard Healthcare India Private Limited ... vs Union Of India Through Secretary ... on 22 September, 2022
blameworthy'
conduct for contravention of the provisions of FERA, 1947. We, therefore,
hold that mens rea (as is understood in criminal ... delinquent liable to pay penalty under Section
23(1)(a) of FERA, 1947 for contravention of the provisions of Section 10 of
FERA, 1947
contravention of Section 5(l)(c) of Fera 1947 in the year 1961.
(2)For buying foreign exchange ... Reserve Bank of India in contravention of Section 4(1) of Fera 1947.
(3)For selling foreign exchange amounting
January 1976, issued by the RBI under Section 29(2) of the FERA granting
permission to the LO to operate clearly states that ... expression 'otherwise acquired' in Section 4(1) of the FERA 1947,
(corresponding to Section 8(1) FERA) has the same meaning
Bhattarai
were recorded under Section 40(3) of FERA, and clearly
demonstrate the contravention of FERA by the Appellant.
ii. The standard of proof ... certain qualifying conditions
before the right can be exercised.
14. The FERA, 1947, was succeeded by the FERA, 1973 and was enacted
to regulate
violation of Section 18(2) and 18(3) FERA read with Section 56 FERA thereof and Section 19(3) and 19(4) FEMA. Although ... Gupta in relation to Section 23-C of the erstwhile FERA 1947 is instructive on the presumption to be drawn and the need for construing
Fera should be interpreted in such a manner that it lays down the same procedure as was prevalent under the provisions of Fera of 1947 ... Fera from being struck down is to interpret in such a way that the procedure which was being followed under the Fera of 1947
being in force". The proceedings Under Section
23(1)(a) FERA, 1947 are "adjudicator" in nature and
character
