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 may be considered more liberally where the accused's alleged role is limited, corroborative material is lacking, and the proviso to the bail threshold is implicated. The note records that a functional association with an organisation, without evidence linking the accused to specific money-laundering acts, or reliance on email identifiers and saved contacts alone, is not enough to refuse bail at the pre-trial stage. It also notes that the alleged funds formed only a small part of the case, their link to a scheduled offence was not prima facie shown, and prolonged incarceration with the trial still at the charge stage weighed against continued detention.
Bail under the PMLA may be considered more liberally where the accused's alleged role is limited, corroborative material is lacking, and the proviso to the bail threshold is implicated. The note records that a functional association with an organisation, without evidence linking the accused to specific money-laundering acts, or reliance on email identifiers and saved contacts alone, is not enough to refuse bail at the pre-trial stage. It also notes that the alleged funds formed only a small part of the case, their link to a scheduled offence was not prima facie shown, and prolonged incarceration with the trial still at the charge stage weighed against continued detention.
Note: It is a system-generated summary and is for quick reference only.