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...
Money-laundering proceedings require the existence of proceeds of crime derived from criminal activity relating to a scheduled offence. The notes state that, where allegations against persons arise solely from transactions with an entity that has been finally discharged on the basis that the relevant funds were not proceeds of crime, proceedings against those persons cannot continue. Applying the principle in Vijay Madanlal Choudhary, the HC reportedly quashed the criminal process and rejected-discharge order against the petitioners because the underlying transaction no longer involved proceeds of crime.
Money-laundering proceedings require the existence of proceeds of crime derived from criminal activity relating to a scheduled offence. The notes state that, where allegations against persons arise solely from transactions with an entity that has been finally discharged on the basis that the relevant funds were not proceeds of crime, proceedings against those persons cannot continue. Applying the principle in Vijay Madanlal Choudhary, the HC reportedly quashed the criminal process and rejected-discharge order against the petitioners because the underlying transaction no longer involved proceeds of crime.
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