You may also like...
-
https://x.com/sekarreporter1/status/1730767165954130191?t=EDthE5QcXUucGocmaZIjSg&s=08 Secondly, if the reasoning of the Competent Authority in refusing to seize the property is considered, it focuses essentially on whether payment has been made by the petitioners for the purchase of shares in the Singapore based company, which is forbidden under Sec.3(b) of the Act. Sec.3 of the Act prohibits, (a) dealing in or transfer of any foreign exchange or foreign security to any person not being an authorised person under Sec.2(c) of the Act, or making payment to or for the credit of any person resident outside India. Sec.4, on the other hand, prohibits acquiring, holding, owning, possessing or transferring inter alia any foreign securities (which by definition in terms of Sec.2(o) includes shares in a company) by a resident Indian. The way statute has presented Sec.3 and Sec.4, it appears to create independent class of prohibitions. Now, if the reasoning of the Competent Authority is required to be transmitted into the adjudicatory process contemplated under Sec.16, as was canvassed by the petitioners, then it may involve a need to read Sec.3 into Sec.4. The permissibility of reading Sec.3 into Sec.4 requires to be considered independently, and the present stage is too premature for considering it. At any rate it cannot be considered in this proceedings, for, it was held in Raj Kumar Shivhare case [(2010) 4 SCC 772], FEMA is a complete Code, and it must be allowed its free space to work itself. 16. The foregoing discussion leads this Court to the only conclusion: That these petitions are not entertainable. Now it is time to resume the enquiry by the Adjudicating Authority. The petitioners will be entitled to take all such defences which they are entitled to take under law. 17. In conclusion, subject to the observations made in paragraph 16, all the writ petitions are dismissed. However, there is no order as to costs. Consequently, the connected writ miscellaneous petitions are closed. 30.11.2023. ds Index : Yes/No Speaking/Non Speaking Order To 1.The Special Director Adjudicating Authority Directorate of Enforcement Southern Region Shastri Bhavan, III Floor, III Block No.26, Haddows Road Chennai – 600 006. 2.The Assistant Director Authorised Officer Directorate of Enforcement Government of India Ministry of Finance Department of Revenue 3rd, 4th & 5th Floor, Shastri Bhavan – C Block No.26, Haddows Road Chennai – 600 006. N.SESHASAYEE.J., ds Pre-delivery order in W.P.Nos.21096, 21100, 21102, 21105 & 21359 of 2023 and WMP.Nos.20491, 20493, 20496, 20498, 20499, 20500, 20502, 20504, 20764 & 20767 of 2023 30.11.2023. For Petitioner : Mr.V.Raghavachari, Senior Counsel (in all WPs) Assisted by Mr.R.Sivaraman For Respondents : Mr.AR.L.Sundaresan (in all WPs) Additional Solicitor General Assisted by Mr.Rajnish Pathiyil Special Public Prosecutor for R1 & R2 COMMON ORDER
by Sekar Reporter · Published December 2, 2023
-
GLIMPSE OF A LATEST VERDICT* *Minor I Shafrin Fathima Vs. The Government of India Rep. by it Secretary & 4 Ors.* W.P. No. 26129 of 2022 Dated: 17.10.2022 *Honourable Mr. Justice R. Suresh Kumar* allowed of the Writ Petition in the matter relating to *“NEET – Change of Category – General (UR) to OBC”,* directing the DGHS to change the community from UR to OBC, communicate the same to the Petitioner, within two weeks, and further observed and held as follows:
by Sekar Reporter · Published October 20, 2022
-
Mhc sitting list June 1
by Sekar Reporter · Published May 31, 2020