NDLI: Union of India & Ors Vs. M/s. Premier Limited (formerly Premier Automobiles Ltd.) & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	ss.9(1) (a) FEMA 50-52 and 81 9(1)(c) Proper appellate authority for deciding 16(1) FERA
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Foreign Exchange Management Act, 1999 (42 of 1999) Foreign Exchange Regulation Act, 1973 (46 of 1973)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Foreign Exchange Regulation Act, 1973 :ss.9(1) (a), 9(1)(c), 16(1), 50-52 and 81 – Repeal of 1973 Act-FERA – Appeals filed thereafter against order passed u/s.51 of FERA – Proper appellate authority for deciding – Special Director (Appeals) u/s.17 of 1999 Act-FEMA (that replaced FERA) or Appellate Tribunal u/s.19 of FEMA – On 01.05.1991 show cause notice issued by the Special Director to respondent no.2 and its two directors, respondent nos.3 and 4 for allegedly contravening provisions of FERA– During the pendency of the proceedings, FERA was repealed w.e.f 01.06.2000 and replaced by FEMA – On 05.12.2003, adjudication order passed by the Deputy Director of Enforcement under FEMA r/w s.51 of FERA, in relation to the show cause notice dtd. 01.05.1991, imposing penalty of Rs.15,50,000/- on respondent nos.2 to 4 – Appeal filed by respondent nos.2 to 4 before the Special Director (Appeals) u/s.17 of FEMA, which was dismissed as not maintainable – Writ petitions filed by respondent nos.2 to 4, which were allowed – Orders of the Special Director (Appeals) were quashed by the High Court holding that the appeals filed by respondent nos.2 to 4 before the Special Director (Appeals) were maintainable – On appeal, held: Any appeal whether filed prior to 01.06.2000 or after 01.06.2000 against the order of the Adjudicating Officer passed u/s.51 of FERA in the proceedings initiated under FERA would lie before the Appellate Tribunal u/ s.19 of FEMA – View taken by the High Court not concurred with – Appeal filed by respondent nos.2 to 4 against the order dtd. 05.12.2003 passed by Deputy Director of Enforcement u/s.51 of FERA will lie and was, therefore, maintainable only before the Appellate Tribunal u/s.19 of FEMA – Appeals filed by respondent nos.2 to 4 before the Special Director (Appeals) accordingly transferred to the Appellate Tribunal for disposal on merits – Foreign Exchange Management Act, 1999 – ss.17-19, 35 and 49 – Foreign Exchange Regulation Act, 1947 – s.23 – Interpretation of Statutes – Purposive Interpretation.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 102
Petitioner	UNION OF INDIA & ORS
Respondent	M/s. Premier Limited (formerly Premier Automobiles Ltd.) & Ors.
SCR	[2019] 2 S.C.R. 551
Judgement Date	2019-01-29
Case Number	3529

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