Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Pre-cognizance hearing under the Bharatiya Nagarik Suraksha Sanhita is examined in relation to prosecution complaints under the Prevention of Money Laundering Act, 2002. The note states that BNSS provisions on complaints and cognizance apply where the PMLA contains no inconsistent provision. It describes the proviso to section 223(1) as barring cognizance without first hearing the proposed accused, and characterises non-hearing as an illegality rather than a curable irregularity requiring proof of prejudice. It records that the cognizance order was set aside and the matter restored for reconsideration after hearing the petitioners.
Pre-cognizance hearing under the Bharatiya Nagarik Suraksha Sanhita is examined in relation to prosecution complaints under the Prevention of Money Laundering Act, 2002. The note states that BNSS provisions on complaints and cognizance apply where the PMLA contains no inconsistent provision. It describes the proviso to section 223(1) as barring cognizance without first hearing the proposed accused, and characterises non-hearing as an illegality rather than a curable irregularity requiring proof of prejudice. It records that the cognizance order was set aside and the matter restored for reconsideration after hearing the petitioners.
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