Appeals against forfeiture of property were stayed pending clarification on succession. The Tribunal directed appellants to submit a genealogical chart linking original appellants, current appellants, and property ownership. Cases adjourned.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
APPELLATE TRIBUNAL FOR SAFEMA, FEMA, PMLA, NDPS & PBPT ACT AT NEW DELHI
| (1) MP-77/LKW/2013 (Rest.) MP-93/LKW/2013 (Sub) MP-18/LKW/2014 (Abatement) MP-19/LKW/2014 (COD) In FPA-73/LKW/1996 |
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|---|---|---|
| Ghanshyam Dass Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (2) MP-94/LKW/2013 (Rest.) MP-20/LKW/2014 (Abatement) MP-21/LKW/2014 (COD) In FPA-74/LKW/1996 |
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| Ghanshyam Dass Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (3) MP-92/LKW/2013 (Rest.) In FPA-75/LKW/1996 |
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| Vikas Singh Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (4) MP-79/LKW/2013 (Rest.) MP-95/LKW/2013 (Sub) MP-22/LKW/2014 (Abatement) MP-23/LKW/2014 (COD) In |
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| FPA-76/LKW/1996 | ||
| Shankar P. Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (5) MP-80/LKW/2013 (Rest.) MP-96/LKW/2013 (Sub) |
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MP-24/LKW/2014 (Abatement) |
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| FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997 |
Page 1 of 5 |
| MP-25/LKW/2014 (COD) In FPA-77/LKW/1996 |
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|---|---|---|
| Shankar P. Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (6) MP-81/LKW/2013 (Rest.) In FPA-78/LKW/1996 |
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| Vishal Singh Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (7) MP-82/LKW/2013 (Rest.) In FPA-79/LKW/1996 |
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| Vikas Singh Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (8) MP-83/LKW/2013 (Rest.) In FPA-80/LKW/1996 |
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| Vishal Singh Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (9) MP-84/LKW/2013 (Rest.) In FPA-81/LKW/1996 |
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| Vishal Singh Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (10) MP-85/LKW/2013 (Rest.) In |
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FPA-82/LKW/1996 |
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| Vishal Singh Jaiswal | … | Appellant/Applicant |
| FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997 |
Page 2 of 5 |
Versus The Competent Authority, Lucknow … Respondent (11)MP-86/LKW/2013 (Rest.) In FPA-83/LKW/1996 Durga P. Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (12)MP-87/LKW/2013 (Rest.) In FPA-84/LKW/1996 Durga P. Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (13)MP-136/LKW/2017 (Misc.) MP-88/LKW/2013 (Rest.) MP-97/LKW/2013 (Sub) MP-26/LKW/2014 (Abatement) MP-27/LKW/2014 (COD) In FPA-16/LKW/1997 Durga P. Jaiswal LH … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (14)MP-89/LKW/2013 (Rest.) MP-28/LKW/2014 (Sub) MP-29/LKW/2014 (Abatement) MP-30/LKW/2014 (COD) In FPA-17/LKW/1997 Akash Jaiswal … Appellant/Applicant Versus The Competent Authority, Lucknow … Respondent (15)MP-90/LKW/2013 (Rest.) MP-98/LKW/2013 (Sub) FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997 Page 3 of 5
| MP-31/LKW/2014 (Abatement) MP-32/LKW/2014 (COD) In FPA-18/LKW/1997 |
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|---|---|---|
| Shanker Prasad Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
| (16) MP-91/LKW/2013 (Rest.) In FPA-19/LKW/1997 |
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| Durga P. Jaiswal | … | Appellant/Applicant |
| Versus | ||
| The Competent Authority, Lucknow | … | Respondent |
Advocates/Authorized Representatives who appeared
For the appellant : Shri Anurag Singh, Advocate For the respondent : Shri Munish Kumar, Advocate with Shri D.S. Bisth, Joint Commissioner CORAM MRS. ANANYA RAY : MEMBER
ORDER 11.07.2018
FPA-73 to 84/LKW/1996, FPA-16 to 19/LKW/1997
The learned Counsel for the respondent raised a preliminary objection that most of the original appellants in all the 16 appeals have expired and in many cases the legal heirs of those appellants have also expired. There is no clarity as to who is the legal heir presently and their relationship with the original appellant and how they are connected to the forfeited properties. The learned Counsel for the appellant states that they have filed applications for substitution of legal heirs, sometime back and they are also pending before the Tribunal.
FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997
Page 4 of 5
As there are many names coming up in the appeals, and because of many of the original appellants having expired, it would be desirable that the appellants submit a clear cut chart with the name of the original appellant, the present appellant, how they are related to the original appellant, how the forfeited property belongs to them, in each of the appeals. They may do so within four weeks with a copy to the respondent.
List on 5th September, 2018.
(Ananya Ray) Member
New Delhi, 11th July, 2018 ‘r’
FPA-73 to 84/LKW/1996 & FPA-16 to 19/LKW/1997
Page 5 of 5
1 issue framed by the court
Whether the Tribunal can proceed with appeals where original appellants and their legal heirs have expired pending substitution orders.
Ghanshyam Dass Jaiswal / Vikas Singh Jaiswal / Shankar P. Jaiswal / Vishal Singh Jaiswal / Durga P. Jaiswal / Akash Jaiswal / Shanker Prasad Jaiswal
The Competent Authority, Lucknow
Ananya Ray
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
