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    <title>1998 (4) TMI 530 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=165283</link>
    <description>A prior challenge to a detention order prevented the detenu and his relatives from being treated as having waived the right to question that detention in later forfeiture proceedings under SAFEMA. Because habeas corpus petitions had already been filed during the detention&#039;s subsistence, and their disposal did not amount to a merits finding upholding the detention, the detention could still be assailed as the foundation of the forfeiture action. The Supreme Court distinguished cases where no challenge was made while the detention continued and held that the forfeiture proceedings could not survive on the footing urged by the appellants.</description>
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    <pubDate>Wed, 29 Apr 1998 00:00:00 +0530</pubDate>
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      <title>1998 (4) TMI 530 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=165283</link>
      <description>A prior challenge to a detention order prevented the detenu and his relatives from being treated as having waived the right to question that detention in later forfeiture proceedings under SAFEMA. Because habeas corpus petitions had already been filed during the detention&#039;s subsistence, and their disposal did not amount to a merits finding upholding the detention, the detention could still be assailed as the foundation of the forfeiture action. The Supreme Court distinguished cases where no challenge was made while the detention continued and held that the forfeiture proceedings could not survive on the footing urged by the appellants.</description>
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      <pubDate>Wed, 29 Apr 1998 00:00:00 +0530</pubDate>
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