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K. LAKSHMAN
Gopal Agarwal – Appellant
Versus
Special Director, Directorate of Enforcement, Chennai – Respondent
ORDER :
The present writ petition is filed challenging the order in SDE/SRO/HYZO/01/2023 dated 04.01.2023 passed by Respondent No. 1 herein under Section 16 of the Foreign Exchange Management Act, 1999 (hereinafter referred to as ‘the Act, 1999’).
2. Heard Dr. C.P. Ramaswami learned counsel for the Petitioners, Mr. V. Rama Krishna Reddy learned standing counsel for the Directorate of Enforcement appearing for the Respondent Nos. 1 and 2 and Sri Gadi Praveen Kumar, learned Deputy Solicitor General of India, appearing for respondent No.3. Perused the record.
Facts of the case:-
3. Alleging violations under Section 6(3)(b) of the Act, 1999 read with Regulation 5(1) of the Foreign Exchange Management (Transfer or issue of security by a person resident outside India) Regulations, 2000 (hereinafter referred to as ‘Regulations’) and violations under Sections 3(b) & 4 of the Act, 1999, a complaint bearing No. T-3/27/HZO/2011 dated 12.07.2017 was filed before the Directorate of Enforcement (hereinafter referred to as ‘ED’) under Section 16(3) of the Act, 1999.
4. Pursuant to the said complaint, a show cause notice dated 14.07.2017 was issued to the Petitioners herein who in turn submitted replie
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 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....
The omission of a rule, in the absence of an explicit saving clause, renders the provision as if it never existed. Consequently, all pending administrative proceedings, show-cause notices, or appeals....
The repeal of Section 2A(3) of the Industrial Disputes Act removed the limitation for filing applications for redressal, allowing the petitioner to approach the Tribunal without restriction.
The repeal of Section 2A(3) of the Industrial Disputes Act allows claims previously barred by limitation to be maintainable, enabling redressal of grievances post-repeal.
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