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january 2019

Supreme Court of India · 2019-01-29

Union Of India vs M/S Premier Limited (Formerly Premier ...

Citation / case number
AIRONLINE 2019 SC 351
Court
Supreme Court of India
Petitioner
Union Of India
Respondent
M/S Premier Limited (Formerly Premier ...
Author
Abhay Manohar Sapre
Bench
Indira Banerjee, Abhay Manohar Sapre

Judgment text excerpt

The Supreme Court held that the appeals against adjudication orders under the Foreign Exchange Management Act, 1999 (FEMA) must be filed before the Appellate Tribunal under Section 19 of FEMA, and not before the Special Director (Appeals) under Section 17 of the Foreign Exchange Regulation Act, 1973 (FERA). The Court quashed the High Court's order which had allowed the appeals to be maintainable before the Special Director, establishing that jurisdiction lies with the Appellate Tribunal. The appeal by the Union of India was thus allowed, reinforcing the proper interpretation of the relevant statutory provisions.

Union Of India vs M/S Premier Limited (Formerly Premier ... · Niyam