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Search Results for Tag : Forfeit

International Cases

Applicant in any proceedings under the Proceeds of Crime Act bears onus of proving matters necessary to establish grounds for making the order applied for(14.06.2019)

Present is an application by the Commissioner of the Australian Federal Police pursuant to Section 49 of the Proceeds of Crime Act, 2002 for the court.....

Tags : Forfeiture order, Proceeds, Conditions



No jurisdictional error, when mining warden gave proper consideration regarding non-compliance with the applicable expenditure(16.12.2020)

The applicant has applied for judicial review of a recommendation made by the mining warden that, certain mining leases held by it be forfeited. The w.....

Tags : Judicial review, Non-compliance, Forfeiture



As the blocking orders were still extant at the time of the winding-up of the companies, it is competent for the Reserve Bank to issue the relevant forfeiture orders(23.01.2023)

The Reserve Bank issued three separate forfeiture orders relating to the monies standing to the credit of Sun Candle Products (Pty) Limited (Sun Candl.....

Tags : Liquidation, Forfeiture orders, Validity



Judgments

If there is no stipulation in contract of forfeiture, there is no such right available to party to forfeit the sum(25.10.2017)

Present appeal is filed by the Plaintiff against the final judgment passed by the High Court of Madhya Pradesh, whereby the High Court dismissed the a.....

Tags : Power to forfeit, Security money, Auction notice, Conditions, Breach



Show cause notice under the CHALR has to be issued within ninety days of the receipt of the offence report(10.07.2024)

The Appellant is challenging the proceedings initiated against them under the provisions of Customs House Agent Licensing Regulations, 1984. The Appel.....

Tags : SCN, Forfeiture, Legality



Rights of a bona fide tenant would not be automatically terminated by forfeiture of property(17.08.2017)

In present case, vide impugned order, one Krishna Budha Gawde was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention o.....

Tags : Forfeiture, Property, Tenant, Bonafide right



High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)

In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....

Tags : Jurisdiction, Unlawful activity, Forfeiture order



News

Delhi HC: Right Not Forfeited Merely Because It Hasn't Been Enforced Against All Infringers(31.10.2022)

Delhi High Court has held that a proprietor of a registered design does not forfeit its right merely because it has not enforced the same against all .....

Tags : Delhi High Court, Design, Infringers, Forfeit



SC: Necessary to Deprive Persons Engaged in Smuggling of Their Ill Gotten Gains(23.03.2023)

Supreme Court while upholding Karnataka High Court’s order affirming order of forfeiture under Smugglers and Foreign Exchange Manipulators (Forfeiture.....

Tags : Supreme Court, Smuggling, Forfeiture



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