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august 1992

Supreme Court of India · 1992-08-20

P.V. MOHAMMAD BARMAY SONS vs DIRECTOR OF ENFORCEMENT

Citation / case number
SC 1981/63728
Court
Supreme Court of India
Petitioner
P.V. MOHAMMAD BARMAY SONS
Respondent
DIRECTOR OF ENFORCEMENT
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that the penalties imposed under Sections 5(1)(a) and 5(1)(b) of the Foreign Exchange Regulation Act, 1947, were valid despite the repeal of the Act by the Foreign Exchange Regulation Act, 1973. The Court clarified that actions taken under the repealed Act could still be enforced if they were initiated before the new Act came into force, as per Section 81 read with Section 6(e) of the General Clauses Act. The appeal was dismissed, affirming the reduced penalty of Rs. 37,500 imposed by the Appellate Board.

P.V. MOHAMMAD BARMAY SONS vs DIRECTOR OF ENFORCEMENT · Niyam