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...
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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