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SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11, Constitution of India, 1950, Article 22(5) -- Preventive Detention - Representation - Detenu has right to represent which includes right of consideration by authority to whom representation is made...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section Section 3 and 11 -- Detention - Representation - Consideration - Order of detention can be revoked by detaining authority, State Govt. or Central Govt. - Detenu is entitled to make different representations before different authorities - Whether a representation made before one..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Detention - Competent authority - Order of detention can be passed by - 1) authority specially empowered by central Govt. - 2) State Govt. - 3) Central Govt...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Constitution of India, 1950 - Article 22 (5) - Preventive Detention - Representation - Detenu has right to represent which includes right of consideration by authority to whom representation is made...........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Detention - Representation - Consideration - Order of detention can be revoked by detaining authority, State Govt. or Central Govt. - Detenu is entitled to make different representations before different authorities - Whether a representation made before one authority must..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3, 11 -- Detention - Competent authority - Order of detention can be passed by - 1) authority specially empowered by central Govt. - 2) State Govt. - 3) Central Govt...........

KERALA HIGH COURT

Year of decision: 2004
Details

Benami Transactions (Prohibition) Act, 1988, Section 3(2) -- Benami - Burden of proof - Rests on the person asserting it to be so - Nature of possession of the property after purchase, the motive, if any, for giving the transaction a benami colour, position of the parties and their relationships, custody of the title deeds after the sale and the conduct of the parties..........

BOMBAY HIGH COURT

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Detention order - Seizure of bags containing Indian currency notes from the detenu at the airport - Detenu, a lady, accompanied her husband on tour to Dubai from Mumbai - Even on two previous occasions the detenu lady had been to Dubai in the company of her husband, who is..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2004
Details

Insecticides Act, 1968, Section 33, 3(k)(1), 17 -- Vicarious liability - Company - Sample of insecticide found misbranded - Prosecution of Managing Director and Quality Control Officer - Averment that they were responsible persons of company, not enough to hold them guilty - No allegation in complaint that offence in question was committed with the consent or connivance or..........

SUPREME COURT OF INDIA

Year of decision: 2004
Details

Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 11, 3(2) -- Detention order - Based on certain documents which were in Malayalam - Grounds of detention together with the supporting documents should be made available to the detenu in a language known to him - There is no constitutional requirement that English translation of..........

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