Arrest safeguards and transit remand requirements invalidated detention following inter-State transfer without communicated grounds or magistrate auth...
Arrest safeguards require disclosed grounds, relative intimation and transit remand, while duplicate prosecution under the CGST framework is unsustain...
Document Identification Number defects can invalidate GST assessments, with delayed challenges entertained conditionally where patent irregularities e...
Windmill commissioning evidence supported higher depreciation where grid connection and electricity generation proved operational use before the relev...
Pharmaceutical promotion and transfer-pricing comparability principles limited disallowances, while uncorroborated search allegations and unsupported ...
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Section 44(1)(c) of the PMLA permits committal of a scheduled-offence case to the Special Court only after both the scheduled offence and the money-laundering complaint have been taken cognizance of by different courts. A pre-cognizance appearance notice under the BNSS does not satisfy that requirement, and absence of the required prosecution sanction further makes a committal request premature. Committal remains discretionary and must serve the interests of justice, including avoiding inconsistent findings without delaying a substantially concluded scheduled-offence trial. Where evidence and final arguments have substantially progressed, transfer to a Special Court dealing with a complaint still at the pre-cognizance stage may prejudice the accused and undermine speedy trial.
Section 44(1)(c) of the PMLA permits committal of a scheduled-offence case to the Special Court only after both the scheduled offence and the money-laundering complaint have been taken cognizance of by different courts. A pre-cognizance appearance notice under the BNSS does not satisfy that requirement, and absence of the required prosecution sanction further makes a committal request premature. Committal remains discretionary and must serve the interests of justice, including avoiding inconsistent findings without delaying a substantially concluded scheduled-offence trial. Where evidence and final arguments have substantially progressed, transfer to a Special Court dealing with a complaint still at the pre-cognizance stage may prejudice the accused and undermine speedy trial.
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