- (1.) Common questions of law and fact being involved in both the writ petitions, the same have been heard analogously and will be governed by the same judgment.
(2.) One of the questions which has come up for consideration in the instant writ proceedings, is, whether Section 40(1) of the Foreign Exchange Regulation Act of 1973 (hereinafter referred to as FERA) and Section 34(2) of FERA are ultra vires the Constitution of India and is illegal, invalid and null and void.
(3.) Each of the writ petitioner has also challenged in the writ petition summons issued against each of them under Section 40(1) one of FERA by the appropriate authority on merits.;