Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i), Constitution of India, 1950, Article 22(5) -- Preventive detention - Order of - Set aside by High Court - Supreme Court set aside order of High Court - Taking in custody of detenu to serve remaining period - Held, it would be appropriate for detaining authority to consider..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - While making an order of detention the Detaining Authority must be provided with all the materiel in favour and against the individual concerned to enable it to reach a just conclusion that the detention of such individual is necessary in the interest..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - All the material relied upon by Detaining Authority in making such an order, must be supplied to the detenu to enable him to make an effective representation against the detention order...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Some vital documents having a direct bearing on the detention order not placed before Detaining Authority - Detenu was thus prevented from making an effective representation against his detention - Order of Preventive Detention quashed...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Detenu's representation and writ petition which contained his entire defence to the allegations made against him not placed before Detaining Authority - Order of Preventive Detention quashed...........
Arbitration and Conciliation Act, 1996, Section 7, 11 -- Arbitration agreement - Charter party agreement - Fax copy of same signed by both the parties - Plea that it is not an arbitration agreement as it is (1) a copy, not the original; (2) is stamped by one, not by both parties; (3) one of the parties did not sign every page; and (4) it was first sent vide fax -..........
Foreign Exchange Regulation Act, 1973, Section 8(1), 50, Foreign Exchange Management Act, 1999, Section 35, 19 -- Pre-deposit - Special Director imposed penalty of Rs.25 lakhs on the appellant - Tribunal directed 60% of the penalty amount to be deposited - Appeal dismissed by High Court - Appeal against - Held, that Court has to see that no undue hardship is caused to..........
Foreign Exchange Management Act, 1999, Section 19 -- Undue hardship - Burden of proof - This is a matter within the special knowledge of the appellant for waiver and has to be established by him - A mere assertion about undue hardship is not sufficient...........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Order of - Advisory Board - Request of detenu for being allowed to be represented by a legal practitioner - Rejected on ground that such prayer cannot be considered - Held, Board rejected the representation without applying mind - Order of preventive..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 8(e) -- Legal assistance - Detenu has no right to legal assistance in proceedings before the Advisory Board but he is entitled to make such a request to the Board and the Board is bound to consider such request when made...........
