Search Results for Tag : Forfeiture

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

Judgments

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

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

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

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

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

SC: Incorporation of One-Sided Forfeiture Clause is Unfair Trade Practice(04.02.2025)

Supreme Court has criticized real-estate developers for including one-sided, excessive forfeiture clauses in builder-buyer agreements and stated that .....

Tags : Supreme Court, Unfair Trade Practice, Forfeiture Clause

SC: For Gratuity Forfeiture, Conviction in Criminal Case is Not Required(19.02.2025)

Supreme Court has held that for gratuity forfeiture under the Payment of Gratuity Act, 1972, there is no requirement of a criminal conviction and dism.....

Tags : Supreme Court, Criminal Case, Gratuity Forfeiture

SC: Forfeiture of Earnest Money Impermissible When Both Buyer and Seller are at Fault(06.01.2026)

Supreme Court held that forfeiture of earnest money is impermissible when both buyer and seller are at fault in performing the contract, as such forfe.....

Tags : Forfeiture, Earnest Money, Buyer

SC: Failure to Pay Balance Sale Amount Can Lead to EMD Forfeiture under Auction Terms(30.09.2026)

Supreme Court held that a successful bidder’s failure to pay the balance sale consideration can lead to forfeiture of the EMD if the auction terms pro.....

Tags : Bidder; Forfeiture; Auction