Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1976 (SAFEMA)-ss. 3(J)(c) Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act 7 and 19-Detention order against a person - Confirmation of the detention order and C detenu covered by SAFEMA |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (SAFEMA)-ss. 3(1)(c), 7 and 19-Detention order against a person - Confirmation of the detention order and C detenu covered by SAFEMA - Notice of forfeiture of the property of detenu - Order of forfeiture, if would operate against the tenants of the said property - Held: The property would be treated as "illegally acquired property" within the meaning of s. 3(1)(c) and can be subjected to forfeiture under the provisions thereof - However, rights of a bona fide tenant would not stand automatically terminated by forfeiture of property and vesting thereof in the Central Government - Such forfeiture would extinguish the rights of the person to whom the Act applies, the owner of the property or his relative or associate having nexus with him in relation to the said property. |
Judge | Hon'ble Mr. Justice Adarsh Kumar Goel |
Neutral Citation | 2017 INSC 763 |
Petitioner | Domnic Alex Fernandes (d) Through Lrs. & Ors. |
Respondent | Union Of India And Ors. |
SCR | [2017] 7 S.C.R. 617 |
Judgement Date | 2017-08-17 |
Case Number | 34 |
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