Adjudicating Authority Under FEMA Is a Role, Not an Individual; Successors Can Continue Proceedings.

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Full Text of the Document

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....Adjudicating Authority under FEMA - The High Court clarified that the Adjudicating Authority is not a persona designata, but a designation empowered by the Act. The court emphasized that the authority designated by the Central Government can continue proceedings even if the original appointee ceases to hold office. Therefore, the argument that only the issuing authority can adjudicate the case was rejected. - The court held that the term "the Adjudicating Authority" does not refer to a specific individual but to the authority designated within the pecuniary limits set by the notification. Thus, the contention that only the issuing authority can adjudicate was dismissed.....