2007-12-19 22:53:09 · 5 answers · asked by Jay M 1 in Politics & Government ➔ Law & Ethics
COFEPOSA, is an acronym for conservation of foreign exchange and prevention of smuggling Act. Has become outdated and redundant due to series of enactments, ( FERA, (foreign exchange regulation act and FEMA. (pl. do not post another question.!!!).
SUO-MOTO, a latin maxim used vaguely and widely by the legal fraternity and the Judiciary, means "ON its OWN". Or by itself. In legal parlance, legal action has to be initiated by a party. The Court cannot by itself take recognition (called cognizance) of an event and initiate action. But this suomoto is an exception to that maxim.
Simple example, if for instance, several similiar legal proceedings are pending in various High Courts of India, the SC can on its own call for and bring before itself all these cases to decide them in one shot. No body need tell the court.
If in a trial, the court sees fresh evidence which would alter the outcome, or it if feels that some material evidence has been suppressed, the court on its own motion, can reopen the evidence or the testimony.
The court, suomoto, reopened the case against Mr X, for his violation of the provisions of the COFEPOSA.
I am already feeling sleepy, and I am suomoto nodding my head, which is not a violation of COFEPOSA in any event.
thanks, Krish.
2007-12-19 23:21:55 · answer #1 · answered by krish 3 · 0⤊ 0⤋
Suo-moto: On their or its own initiative, without external prompting or explicit demand.
e.g "Both legislations broadly define the Right to Information as the right to access information held by the government and place a positive duty on public bodies to disclose information suo moto".
Cofeposa: Conservation of Foreign Exchanges and Prevention of Smuggling Activities (India).
2007-12-19 23:03:03 · answer #2 · answered by Mano 7 · 0⤊ 0⤋
When Indra Gandhi declared Emergency in India.in 1974,this COFEPOSA Act also enforced and still in practice.Conservation of foreighn Exchange and prevention of Smugling Activities Act.1974.Suo-Motto,an Independant decision at High level and also Voluntarrly.In India Supreme Court has the Power.If no claimant is there, a Judge of Supreme Court can question the PM or president for any law break in the nation.
2007-12-20 03:26:00 · answer #3 · answered by panneerselvam s 5 · 0⤊ 0⤋
'Cofeposa' stands for The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act,1974 & 'Suo-Moto' means "on its own motion," is an Latin legal term.
2007-12-19 23:03:18 · answer #4 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
Old probably outdated laws still remaining in our "legal" system for use/misuse as case may be.
2007-12-20 19:05:13 · answer #5 · answered by funnysam2006 5 · 0⤊ 0⤋