Supreme Court of India
P.V. Mohammad Barmay Sons v. Director of Enforcement
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3 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that despite repeal of Act 7 of 1947 by operation of Sec. 6 of the General Clauses Act read with Sec. 81(2),. the penalty incurred by the appellant continued to subsist and the respondents are entitled to institute the proceedings, conduct investigation or enquiry and impose such penalty.
Judgment, page 11
From the headnote
Foreign Exchange Regulation Act 7 of 1947-Sections 5(1)(a), (b) and 23(1) read with Sections 9(1)(a), (c) and 50of the Foreign Exchange Regula- tion Act 46 of 1973-Comparative study-Language, penalty and contraven- c lions-Whether differ. Foreign Exchange Regulation Act 46 of 197:7-Section 81 read with Section 6 (e) of the General Clauses Act--R.epeal of the Foreign Exchange Regulation Act 7 of 1947-Rights acquired or accrued, penalty, liability, forfeiture or punishment incurred whether kept alive. -t Foreign Exchange Regulation Act 46 of 197:7-Section 81 read with Section 6(e) of the
Where later benches applied it
- 2023 First Global Stockbroking Pvt. Ltd. & Ors. v. Anil Rishiraj & Anr.
- 2014 Tulip Star Hotels Ltd. v. Special Director of Enforcement
- 2012 Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr.
Of those, 1 relied on · 2 mentioned
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