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VIKRAM NATH, SANDEEP MEHTA
J. Sri Nisha – Appellant
Versus
Special Director, Adjudicating Authority, Directorate Of Enforcement – Respondent
| Table of Content |
|---|
| 1. background of the case and foundational facts. (Para 3 , 4 , 5 , 7 , 8 , 10 , 11 , 12) |
| 2. appellants argue the scn lacks foundation. (Para 13 , 14 , 15 , 16 , 17 , 18) |
| 3. respondents emphasize independent jurisdiction. (Para 19 , 20 , 21 , 22) |
| 4. court observes issues of jurisdiction and procedural adherence. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. high court's implications on seizure and adjudication. (Para 32 , 33 , 34 , 35 , 36) |
| 6. court's ruling on high court's decisions and setting aside of orders. (Para 37 , 38 , 39) |
| 7. supreme court's directives for procedural resolutions. (Para 40 , 41) |
| 8. conclusion of judgment. (Para 42) |
JUDGMENT :
Sandeep Mehta, J.
1. Heard.
2. Leave granted.
3. This batch of appeals arises out of the common judgment and final order dated 23rd July, 2024 passed by the Division Bench of the High Court of Judicature at Madras1[Hereinafter, referred to as the “High Court”.] in W.A. Nos.3520 to 3524 of 2023 and C.M.P. Nos.28745, 28749, 28748, 28750, 28756 of 2023 and 2240 of 2024.
4. The appellants herein had approached the learned Single Judge of the High Court, assailing the order/show cause notice2[For short, ‘SCN’.] dated 22nd Decembe
The competent authority's finding of no violation under FEMA precludes a lawful issuance of a show cause notice, necessitating review of the proceedings from that stage following an appeal's outcome.
An Adjudicating Authority cannot override the findings of a Competent Authority rendered under Section 37A of FEMA by effectively deciding the merit of pending appeals, and adjudication proceedings b....
The court established that the adjudication process under FEMA must be followed, and a show cause notice is not typically subject to judicial review unless jurisdictional errors are evident.
The court ruled that an adjudicating authority must diligently exercise discretion regarding confiscation of unauthorized funds as per statutory provisions and not based on hardship alone.
Point of law : information of incorrect entries was in public domain and with the authorities, as custodian of the records, who sought their correction, whereas in the instant case the information wi....
Two-stage inquiry process - Holding of inquiry - Concept of principles of natural justice and fairness though are inbuilt in the Rules even at the first stage of the initiation of an inquiry, that is....
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