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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR
Sachin Bansal – Appellant
Versus
Directorate of Enforcement, Government of India – Respondent
| Table of Content |
|---|
| 1. allegations of contraventions under fema (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments on unreasonable delay in proceedings (Para 6 , 7) |
| 3. preliminary objection on writ maintainability (Para 8 , 9 , 10 , 11) |
| 4. conditions under which writ can be maintained despite alternative remedies (Para 12 , 13 , 14) |
| 5. extended discussions on legal principles regarding omissions and repeals (Para 15 , 16 , 17 , 18) |
| 6. court's view on the impartiality of the adjudicating authority (Para 22 , 23 , 24 , 25 , 26) |
| 7. final remarks on the resolution of the petitions and remedies (Para 27 , 28 , 29) |
| 8. dismissal of petitions with liberty for further proceedings (Para 38 , 39) |
ORDER :
S. SOUNTHAR, J.
These writ petitions are filed challenging the complaint made by the 3rd respondent against the petitioners complaining violation of Foreign Exchange Management Act (herein after called FEMA ) and Transfer or Issue of Security by a Person Resident Outside India, Regulations 2000 (herein after called as TISPRO Regulations) and the show cause notice issued by the second respondent dated 01.07.2021 against the petitioners based on the complaint of the 3rd respondent. The writ petitions in W.P.Nos.18682,
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....
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 High Court lacks the authority to condone delay beyond the statutory period prescribed under FEMA, which excludes the application of Section 5 of the Limitation Act.
The principle of constructive res judicata bars re-litigation of claims that could have been addressed in prior proceedings, establishing finality in judicial decisions.
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 appeal was within the extended limitation period, and the Appellate Authority erred in dismissing it as time-barred without considering the merits.
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