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

1985 Supreme(P&H) 150

G.C.MITTAL
Director Of Enforcement – Appellant
Versus
Lal Chand – Respondent


Judgment

Gokal Chand Mital, J.

1. A preliminary objection has been raised on behalf of the respondent that there is no competent appeal before this Court which can be decided on merits as the Director of Enforcement was not empowered to file any appeal and it was only the Central Government which could file the appeal. In support of the argument, reliance is placed on Director of Enforcement, Madras V/s. Rama Arangannal and Anr. , AIR1981 Mad 80 , (1981 )1 MLJ62 which is a direct decision on the point and is on all fours with the facts of the case. Therein an order was passed by the Deputy Director of Enforcement under Sec.51 of the Foreign Exchange Regulation Act, 1973 (hereinafter called "the Act" ). That order was challenged by the aggrieved party by filing an appeal before the Appellate Board under Sec.52 of the Act. The Appellate Board allowed the appeal and against the order of the Appellate Board the Director of Enforcement filed second appeal under Sec.54 of the Act before the Madras High Court. When the appeal came up for hearing, an objection was raised on behalf of the respondents that the Director of Enforcement had no authority to file the appeal and since the same was





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