1991 (8) TMI 76

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..... Saha, the appellant, was married to his sister. The detention of Balram Saha was neither revoked on the basis of the report of the Advisory Board nor set aside by any court of competent jurisdiction. The Competent Authority, Calcutta, issued a notice under section 6(1) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereafter "the Act"), dated January 30, 199 .....

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..... the present appeal is directed. Learned counsel for the appellant has argued that the order of the Competent Authority is defective inasmuch as the land underneath the house had been purchased in the name of Smt. Dulali Rani, wife of the appellant and, for that reason, the house constructed thereon also belongs to her. It has wrongly been treated as that of the appellant. No notice under sectio .....

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..... been issued to the appellant is one unit and it contains land and the construction made thereon. The Competent Authority had bifurcated this unit into two parts, namely, the land underneath the house and the construction thereon. Such bifurcation is erroneous and impractical. The order of the Competent Authority, as it stands, is also inexecutable. If this order, as it stands, were to be executed .....

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