1990 (6) TMI 152

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.... The present Rule was issued at the instance of the writ petitioner challenging the notice dated 11th May, 1978 (Annex. A) issued by the respondent No. 2, the Competent Authority, Calcutta, Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. 2. It is contended that the purported notice is vague, devoid of particulars, and in fact, the same is not in conformity wit....

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.... 4. Mr. Pal, learned Advocate for the respondents referred to various provisions of the said Smugglers & Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976. Section 2 thereof provides the applicability of the provisions of the Act to person specified in sub-section (2). The records have been produced before this Court by the respondents that the petitioner's husband is a convict and....

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.... holds any property specified in the notice through any other person to such other person also) a reasonable opportunity of being heard, by order, record a finding whether all or any of the properties in question are illegally acquired properties. Said Section 7 further states that where the competent authority is satisfied that some of the properties referred to in the show cause notice are illeg....

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....in the Companies Act, 1956, or the Articles of Association of the Company, forthwith register a claim to the Central Government as the transferee of such shares. 5. Considering the submissions of the learned Advocates for both the sides, this Court is of the view that regard being had to the materials on record and being satisfied with the fact that the Act is applicable to the writ petitioner ....