Section 5. Competent authority
(1) The Central Government may, by order published in the Official Gazette, authorise as many officers of the Central Government (not below the rank of a Joint Secretary to the Government), as it thinks fit, to perform the functions of the competent authority under this Act.
(2) The competent authorities shall perform their functions in respect of such persons or classes of persons as the Central Government may, by order, direct.
Judgements applying section 5
SAFEMA forfeiture; Section 6(1) notice; 'person affected' versus 'any other person' under Section 6(2); COFEPOSA detenu relatives; Sridhana settlement; property omitted from notice stands outside forfeiture ambit; ministerial error plea rejected; Section 11 transfers-ignored provision inapplicable;
AllowedOpenetc. Page 1 of 11 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 05 th AUGUST, 2022 IN THE MATTER OF : + LPA 430/2022 & CM APPLs. 31585/2022, 31586/2022, 31587/2022 RAMAA ADVISORS PVT. LTD. ..... Appellant Through: Mr. Rishi Ag
This court dismissed a petition challenging an Appellate Tribunal order that set aside forfeiture proceedings against properties acquired in 1993, finding the Tribunal satisfied itself regarding evidence of acquisition.
Writ Petition (Civil)OpenLegal heirs of a detenu challenged forfeiture of properties under SAFEMA, confirmed by the Appellate Tribunal. The court held the section 6(1) notices bald and vague, disclosing no reasons or nexus, and that no separate notices were issued to the wife and erstwhile minor children; the forfeiture orders were quashed.
AllowedOpen