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S. M. SUBRAMANIAM, C. KUMARAPPAN
Accord Distilleries & Breweries Pvt. Ltd. – Appellant
Versus
Special Director, Adjudicating Authority, Directorate of Enforcement – Respondent
JUDGMENT :
S.M. SUBRAMANIAM, J.
Prayer in W.A. No. 3520/2023: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P. No. 21102 of 2023 dated 30.11.2023 on the file of High Court of Judicature at Madras.
Prayer in W.A. No. 3521/2023: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P. No. 21105 of 2023 dated 30.11.2023 on the file of High Court of Judicature at Madras.
Prayer in W.A. No. 3522/2023: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P. No. 21359 of 2023 dated 30.11.2023 on the file of High Court of Judicature at Madras.
Prayer in W.A. No. 3523/2023: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P. No. 21100 of 2023 dated 30.11.2023 on the file of High Court of Judicature at Madras.
Prayer in W.A. No. 3524/2023: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P. No. 21096 of 2023 dated 30.11.2023 on the file of High Court of Judicature at Madras.
1. The Letters Patent Appeal on hand has been instituted questioning the validity of the show cause notice dated 22.12.2021 and the corrigen
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.
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....
The omission of a statutory provision does not negate the authority to issue notices for past actions, and the existence of a remedy under FEMA does not preclude judicial review on grounds of natural....
Omission of Section 6(3)(b) of FEMA does not invalidate the show cause notice issued for alleged contraventions, and the existence of alternative remedies does not bar writ jurisdiction in cases of n....
Proceedings under section 11A of Act are adjudicatory proceedings and authority which decides same is a quasi-judicial authority. Such proceedings are strictly governed by statutory provisions. Secti....
The adjudicating authority is required to form an opinion after giving notice to the petitioner before issuing the show cause notice.
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....
The court upheld the validity of a show-cause notice under the Prevention of Money Laundering Act, affirming that the adjudicating authority may operate as a single-member bench without violating sta....
Pre-determined issuance of demand notices violates legal principles requiring fair process, rendering them null and void.
Writ petitions can be maintained against show cause notices if they demonstrate pre-determined conclusions by the authority, constituting a legal mala fide exercise of power.
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