SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(SC) 780

D.M.DHARMADHIKARI, ARUN KUMAR, K.G.BALAKRISHNAN, N.S.HEGDE, B.N.SRIKRISHNA
Standard Chartered Bank. Balakrishnan – Appellant
Versus
Directorate Of Enforcement Etc. – Respondent


Judgement:

K.G. BALAKRISHNAN, J.- Leave granted.

2. The appellant in Civil Appeal No. 1748 of 1999 filed a writ petition before the High Court of Bombay challenging various notices issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short the FERA Act) and contended that the appellant Company was not liable to be prosecuted for the offence under Section 56 of the FERA Act. In this appeal filed against the judgment of the Division Bench of the Bombay High Court dated 7-11-1998, the appellant contends that no criminal proceedings can be initiated against the appellant Company for the offence under Section 56(1) of the FERA Act as the minimum punishment prescribed under Section 56(1)(/) is imprisonment for a term which shall not be less than six months and with fine. Section 56 of the FERA Act, 1973 reads as follows:

"56. Offences and prosecutions.-(1) Without prejudice to any award of penalty by the adjudicating officer under this Act, if any person contravenes any of the provisions of this Act other than Section 13, clause (a) of sub-section (1) of Section 18, Section 18-A, clause (a) of sub-section (1) of Section 19, sub-section (2) o







































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top