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...
The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
The Supreme Court stated that the availability of revision under Section 397 CrPC does not bar the High Court's inherent jurisdiction under Section 482 CrPC where abuse of process or the ends of justice warrant intervention; a petition may be treated under the appropriate provision rather than rejected on nomenclature. Service of a meaningful opportunity notice under the proviso to Section 61(2) FERA is mandatory before a complaint may be instituted, and cognizance without proof of service is unsustainable. The Court also applied the Article 21 speedy-trial balancing assessment, finding prolonged, unexplained complainant-caused inaction. It set aside the High Court order and quashed the complaints and summoning order.
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