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    <title>1994 (8) TMI 319 - BOMBAY HIGH COURT</title>
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    <description>Under the preventive detention scheme, the officer specially empowered to make the detention order is also competent to consider a representation and, applying Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act with Section 21 of the General Clauses Act, to revoke or modify the order. The later Supreme Court observations recognising that power were treated as binding declarations of law under Article 141. The text further states that detention is not vitiated merely because the detaining officer did not independently dispose of the representation, where the representation was in substance considered and decided by the appropriate authority, because Article 22(5) is satisfied by effective consideration by a competent authority.</description>
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    <pubDate>Fri, 26 Aug 1994 00:00:00 +0530</pubDate>
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      <title>1994 (8) TMI 319 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=307332</link>
      <description>Under the preventive detention scheme, the officer specially empowered to make the detention order is also competent to consider a representation and, applying Section 11 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act with Section 21 of the General Clauses Act, to revoke or modify the order. The later Supreme Court observations recognising that power were treated as binding declarations of law under Article 141. The text further states that detention is not vitiated merely because the detaining officer did not independently dispose of the representation, where the representation was in substance considered and decided by the appropriate authority, because Article 22(5) is satisfied by effective consideration by a competent authority.</description>
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