Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
Bail under the PMLA remained subject to the stringent twin conditions in Section 45; on merits, the Court could not record reasonable grounds to believe that the accused was not guilty or unlikely to reoffend, so the statutory bar was not crossed. The Court nevertheless held that unduly long pre-trial incarceration may, in an appropriate case, outweigh Section 45 when assessed under Article 21. After balancing the seriousness of the allegations, alleged witness-influence concerns, prior bail in the predicate offences, custody of about two years and three months, and delay by the investigating agency, the Court granted bail on stringent terms.
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