Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
An ECIR under the PMLA is an internal departmental document with no statutory status, so its quashing is not ordinarily maintainable unless the predicate offence itself is quashed; the challenge here was also premature because the alleged overlap with an earlier ECIR was not established. A subsequent ECIR or parallel investigation is permissible where it concerns a larger conspiracy, additional offences, or different accused, and is not barred as a second FIR. Statements recorded under Section 50 of the PMLA were not invalidated because Article 20(3), Section 164 CrPC safeguards, and Miranda-type protections apply only once a person is an accused or formally arrested. Section 50 summons and Section 66(2) information-sharing were upheld as part of lawful investigation, and a private person can be proceeded against for corruption-linked offences.
An ECIR under the PMLA is an internal departmental document with no statutory status, so its quashing is not ordinarily maintainable unless the predicate offence itself is quashed; the challenge here was also premature because the alleged overlap with an earlier ECIR was not established. A subsequent ECIR or parallel investigation is permissible where it concerns a larger conspiracy, additional offences, or different accused, and is not barred as a second FIR. Statements recorded under Section 50 of the PMLA were not invalidated because Article 20(3), Section 164 CrPC safeguards, and Miranda-type protections apply only once a person is an accused or formally arrested. Section 50 summons and Section 66(2) information-sharing were upheld as part of lawful investigation, and a private person can be proceeded against for corruption-linked offences.
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