The case involves contravention of Section 8(1) of FERA, 1973. ...

Tribunal Upholds Section 8(1) FERA Violation; Differentiates Standards of Proof in Quasi-Judicial and Criminal Cases.

June 14, 2024

Case Laws     FEMA     AT

The case involves contravention of Section 8(1) of FERA, 1973. The Appellate Tribunal held that the transfer of money from an NRE account, even if received in Indian currency, satisfies the requirements of Section 8(1). The denial of cross-examination of witnesses was deemed acceptable in quasi-judicial proceedings, especially when the witness was unavailable. The Tribunal found that the respondents proved their case through collected documents, rendering cross-examination unnecessary. The appellants' acquittal by the ACMM Court did not impact the Tribunal's decision, as the respondents provided sufficient evidence of the transfer from the NRE account. The Tribunal emphasized that the standards of proof in criminal and adjudication cases differ, and the failure of the prosecution case does not automatically lead to the failure of the adjudication case.

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