1991 (2) TMI 96

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..... tion of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, vide order dated January 25, 1989. Jiban Krishna Nath, being an affected person in terms of section 2(2)(c) of the Smugglers and Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976 (hereinafter "the Act"), was issued a notice under section 6(1) with respect to a residential house bearing holding No. 182 in Ward .....

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..... It is not disputed that the appellant has expired on March 22, 1990. A copy of the certificate relating to his death has been placed on the file. The impugned order was passed on March 30, 1990, without impleading his legal representatives. The impugned order having been passed against a dead person is a nullity and, therefore, cannot be upheld. The present appeal has been filed by the legal rep .....

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