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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
In PMLA bail matters, the prosecution must show a prima facie scheduled offence and identify specific proceeds of crime; unaccounted income alone is insufficient. The Court found the alleged Himachal Pradesh scheduled offences had ended in cancellation reports, with no independent material sustaining them, and the complaint did not identify any specific property of the applicant as proceeds of crime from the Uttar Pradesh allegations. It also held that continued custody was unjustified because investigation was complete, trial would take time, and parity with a co-accused favoured release, so Article 21 concerns outweighed the bail restrictions. Bail was granted subject to conditions.
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