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2011 (1) TMI 315 - DELHI HIGH COURTWaiver of repatriation - The petitioner has complied with the order but has filed the present petition challenging the legality and validity of Sections 18(2) and 18(3) of FERA on the ground that they are manifestly arbitrary and irrational - The impugned Sections only raise a presumption against the exporter, but the same can be rebutted by the exporter - constitutional legality and validity of Sections 18(2)and 18(3) of FERA has already been upheld by the Supreme Court in Seema Silk & Sarees and Another vs. Directorate of Enforcement and Others, (2008) 5 SCC 580 - it is apparent that FERA finds place in the Ninth Schedule of the Constitution of India and in accordance with Article 31-B of the Constitution, none of the Acts specified in the Ninth Schedule can be held ultra vires even if the provisions of the said Act are inconsistent or abridge any of the fundamental rights contained in Part-III of the Constitution of India - The writ petition is dismissed
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