https://www.taxtmi.com/caselaws?id=282052 Unguided discretion under Section 23(1)(a) of the Foreign Exchange Regulation Act, 1947, allowing the Director of Enforcement to choose between adjudication and prosecution without any guiding principle, was held to create unequal treatment among similarly situated persons and to violate Article 14; Section 23D fell with it. The substituted Section 23(1)(a) was also held not to operate retrospectively, because it did not merely change forum but impaired a vested right to be tried by an ordinary court. On that basis, the adjudication proceedings were treated as without jurisdiction and quashed. en-us Thu, 10 Aug 1961 00:00:00 +0530 Fri, 19 Jul 2019 16:12:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=282052 Unguided discretion under Section 23(1)(a) of the Foreign Exchange Regulation Act, 1947, allowing the Director of Enforcement to choose between adjudication and prosecution without any guiding principle, was held to create unequal treatment among similarly situated persons and to violate Article 14; Section 23D fell with it. The substituted Section 23(1)(a) was also held not to operate retrospectively, because it did not merely change forum but impaired a vested right to be tried by an ordinary court. On that basis, the adjudication proceedings were treated as without jurisdiction and quashed. Case-Laws FEMA Thu, 10 Aug 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=282052