Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Specified income of Baddi Barotiwala Nalagarh Development Authority receives conditional tax exemption, retrospectively covering its designated assess...
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Under PMLA, property qualifies as proceeds of crime only if it is derived or obtained from an accomplished scheduled offence; dominion, control, possession or use become relevant only after that foundational nexus is established. The notes state that remuneration received for training was not prima facie linked to an accomplished scheduled offence, despite material requiring examination at trial. They also address regular bail, stating that statutory bail restrictions cannot support indefinite pre-trial detention where trial is unlikely to conclude within a reasonable time. Prolonged custody, absence of flight risk or witness-tampering concerns, and parity with co-accused supported release on regular bail subject to conditions.
Under PMLA, property qualifies as proceeds of crime only if it is derived or obtained from an accomplished scheduled offence; dominion, control, possession or use become relevant only after that foundational nexus is established. The notes state that remuneration received for training was not prima facie linked to an accomplished scheduled offence, despite material requiring examination at trial. They also address regular bail, stating that statutory bail restrictions cannot support indefinite pre-trial detention where trial is unlikely to conclude within a reasonable time. Prolonged custody, absence of flight risk or witness-tampering concerns, and parity with co-accused supported release on regular bail subject to conditions.
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