Legal Question in Appeals and Writs in India

Penalty in FEMA Act,india

Sir,Namska, I want to ask that my appeal in Tribunal of Delhi Enforcement was rejected and asked me to pay the fine, I am a poor person and a salaried employee ? I have no money to hire advocate, So how can I move for high court or any other court? whether Government of India provides any advocate free of cost so that I can go furhter? I am a salaried employee, before 15 years, when I was working in a firm, my boss has trapped me in FERA case, I have filed an appeal also before FERA that I am innocent, but no one wants to listen, I could not hire an advocate at Delhi for my appeal, so my appeal disposed and asking me to pay the penalty , then what could happen, if I could not give the penalty? what will happen? how could I escape from it ? whether there is any way except sucide ?

I will be very greatful to all of you? If show me the way. I have lost all the hopes? Please, guide me


Asked on 6/25/07, 10:49 am

3 Answers from Attorneys
kavitha balakrishnan kpp associates

Re: Penalty in FEMA Act,india

kindly contact free legal aid cell in the high court and district court.. give them a petition stating your position and case and ask them to help you out with a able lawyer! even the bar council/ association sometimes guide you to get a lawyer free .. but to go for an appeal you have to pay the fine imposed by the lower court that cannot be paid by the lawyer or court! get in touch with free legal aid cell! best of luck!

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Answered on 6/26/07, 12:48 am
Deepak Chandna Chandna & Associates

Re: Penalty in FEMA Act,india

I have perused your question and it is vague and you have to give better particulars regarding your case to get an answer. However from the facts it could be seen that there must be some violation of FEMA Act and your employer might have got the license etc. in your name or else he could have made some transaction in your name. You have also not disclosed the trade of your employer and in such a situation it is very difficult to answer your question. However it is also not clear that if you were not represented by the counsel in appeal in the Tribunal then how you filed the appeal. You have also not disclosed the place of your residence. You are free to interact and only upon getting complete history and particulars of the case and nature of violation made by you or your employer in your name any advise can be given.

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Answered on 6/25/07, 11:45 am

Re: Penalty in FEMA Act,india

Take consultation of Delhi Legal Aid services at patiala house courts,New Delhi with all facts and papers of case.Your matter is complicated one.You can opt for writ before High court and can challenge the order by way of appeal.

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Answered on 6/25/07, 12:35 pm


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