https://www.taxtmi.com/caselaws?id=166951 A statutory scheme that permits either adjudication with penalty or prosecution for the same contravention does not offend Article 14 where the power to choose is guided by an express criterion requiring prior adjudication and prosecution only if the available penalty would be inadequate; the challenge to the prosecution provision therefore failed. A fresh complaint for breach of a Defence of India Rule after that rule had been omitted was not maintainable because the omission carried only a limited saving and did not preserve new prosecutions begun after the rule ceased to exist; the complaint was consequently incompetent and the quashing applications should have been allowed. en-us Wed, 23 Jul 1969 00:00:00 +0530 Mon, 01 Dec 2014 14:22:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=166951 A statutory scheme that permits either adjudication with penalty or prosecution for the same contravention does not offend Article 14 where the power to choose is guided by an express criterion requiring prior adjudication and prosecution only if the available penalty would be inadequate; the challenge to the prosecution provision therefore failed. A fresh complaint for breach of a Defence of India Rule after that rule had been omitted was not maintainable because the omission carried only a limited saving and did not preserve new prosecutions begun after the rule ceased to exist; the complaint was consequently incompetent and the quashing applications should have been allowed. Case-Laws FEMA Wed, 23 Jul 1969 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=166951