2009 (9) TMI 1087

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..... L/(APK)/IV/23-24/93, dated 3-3-1993 passed by Additional Director, Enforcement Directorate imposing a penalty of Rs. 15,000 for contravention of section 9(1)(b) and Rs. 10,000 for contravention of section 9(1)(d) FER Act on the reasons that appellant received Rs. 5 lakh on the instructions of person resident in Dubai, out of which he made payment of Rs. 4,60,000 to one U. Hameed who is a co-notice .....

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..... being distributed on the instructions of person outside India and thus he pleaded mistake of fact. 4. Though mistake of law is not excusable and provide no defence but mistake of whenever occurs is a good defence. Even the general exception incorporated in Indian Penal Code provides so. According to section 76 Indian Penal Code when mistake of fact is (i) bona fide and (ii) relates to fact, it pr .....

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