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2009 (8) TMI 1298

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..... to this revision petition Enforcement Directorate has invoked revisional jurisdiction of this Tribunal under section 52(4) of FER Act, 1973 for examining the legality, propriety and correctness of the adjudication order No. Adj./186/DZ/05/AD(SRB), dated 29-3-2005 passed by Assistant Director, Enforcement Directorate exonerating the respondents from the allegation for acquisition of foreign exchan .....

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..... sented. Their non-representation started from the very beginning. They never appeared on 7-2-2008, 11-7-2008, 5-11-2008, 19-1-2009, 16-3-2009 and 5-8-2009. We have given enough time and repeatedly asked Enforcement Directorate to make effective service on respondents but nothing has come out. Also none from Enforcement Directorate has affirmed on oath that the addresses given in revision petition .....

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..... in the name of President of India. Further Article 300 prescribes that Government of India may sue or be sued in the name of Union of India. As the present revision petition is in the name of Union of India who can sue or be sued so filing of this revision petition in the name of Union of India is correct. However, all powers of Government of India rests in the Council of Ministers which practica .....

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..... ate of Enforcement or bestowing on him competency to take decision of filing of this revision petition. Therefore, this action of filing of revision petition cannot be termed as correct without any support of delegation of the authority [Ref.(1) A. Sanjeevi Naidu v. State of Madras AIR 1970 SC 1102; and (2) Shamsher Singh v. State of Punjab AIR 1974 SC 2192]. There is no rule of business empowerin .....

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