Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
The AT held that enhanced compensation fraudulently received after the claimants' own enhancement proceedings had failed constituted proceeds of crime, and that later possession and projection of that money as untainted property fell within money-laundering under Section 3. It further held that where the tainted property is unavailable, equivalent value property may be attached under Section 2(1)(u), even if the attached asset is ancestral or was acquired earlier, so long as it represents equivalent value. The Tribunal also interpreted Section 5(1) to require only an apprehended likelihood of concealment or transfer, not proof of actual alienation, and upheld the provisional attachment orders.
The AT held that enhanced compensation fraudulently received after the claimants' own enhancement proceedings had failed constituted proceeds of crime, and that later possession and projection of that money as untainted property fell within money-laundering under Section 3. It further held that where the tainted property is unavailable, equivalent value property may be attached under Section 2(1)(u), even if the attached asset is ancestral or was acquired earlier, so long as it represents equivalent value. The Tribunal also interpreted Section 5(1) to require only an apprehended likelihood of concealment or transfer, not proof of actual alienation, and upheld the provisional attachment orders.
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