DOMNIC ALEX FERNANDES (D) THROUGH LRS. & ORS. versus UNION OF INDIA AND ORS.
Bona fide tenants’ rights are not automatically terminated upon forfeiture of property under SAFEMA; whether appellants are bona fide tenants and have no nexus with illegal acquisition must be determined independently by the competent authority.
- Parties
- Appellants: DOMNIC ALEX FERNANDES (D) THROUGH LRS. & ORS.; Respondents: UNION OF INDIA AND ORS.
- Jurisdiction
- India
- Judgment Date
- 17 August 2017
- Procedural Posture
- Criminal Appeal / Appeal Against High Court Order
- Outcome
- Appeal allowed; High Court order set aside; matter remitted to competent authority.
- Legal Topics
- Forfeiture of Property, SAFEMA, COFEPOSA, Tenancy Rights, Bona Fide Tenant Protections
Case Brief
Summary, issues, holding and outcome
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Parties
DOMNIC ALEX FERNANDES (D) THROUGH LRS. & ORS.
Appellants
UNION OF INDIA AND ORS.
Respondents
Procedural Posture
Criminal Appeal / Appeal Against High Court Order
Legal Issues
- 1 Whether tenancy rights of a bona fide tenant are automatically terminated by forfeiture of property under SAFEMA
- 2 Scope of forfeiture under Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976
Ratio Decidendi
Bona fide tenants’ rights are not automatically terminated upon forfeiture of property under SAFEMA; whether appellants are bona fide tenants and have no nexus with illegal acquisition must be determined independently by the competent authority.
Court Disposition
Appeal allowed; High Court order set aside; matter remitted to competent authority.
Orders
- Order of High Court set aside.
- Matter remitted to competent authority for fresh determination.
Full Case Text
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