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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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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