Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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A bank cannot freeze a customer's account on its own initiative merely because transactions appear inconsistent with declared income. The Court held that, absent a complaint, criminal proceeding, recovery action, competent authority order, or lawful lien, the bank had no legal foundation to assume an investigative role or deny operation of the current account. It further held that the Prevention of Money Laundering Act and RBI suspicious transaction reporting instructions do not authorise freezing the entire account; at most, the statute contemplates action by the competent authority under the statutory scheme. The freezing was therefore arbitrary, violated natural justice and the right to carry on business and livelihood, and the account was directed to be de-frozen forthwith.
A bank cannot freeze a customer's account on its own initiative merely because transactions appear inconsistent with declared income. The Court held that, absent a complaint, criminal proceeding, recovery action, competent authority order, or lawful lien, the bank had no legal foundation to assume an investigative role or deny operation of the current account. It further held that the Prevention of Money Laundering Act and RBI suspicious transaction reporting instructions do not authorise freezing the entire account; at most, the statute contemplates action by the competent authority under the statutory scheme. The freezing was therefore arbitrary, violated natural justice and the right to carry on business and livelihood, and the account was directed to be de-frozen forthwith.
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