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Surendra Kumar Jain And Ors. vs Union Of India And Ors. on 11 January, 2018 cites

Nikesh Tarachand Shah vs Union Of India on 23 November, 2017

(vi) Unless there are strong and compelling reasons to believe that the property is ―involved in money-laundering‖, resort cannot be had to the second proviso to attach such property. Reliance is placed on the decision of the Supreme Court in Nikesh Tarachand Shah v. Union of India 2017 (13) SCALE 609. If the second proviso is not read down in the above manner, it will be an instrument of oppression, misuse and arbitrariness clothing officers with uncanalised, draconian and arbitrary powers thereby rendering the second proviso itself violative of Article 14 of the Constitution.
Supreme Court of India Cites 101 - Cited by 1782 - R F Nariman - Full Document
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