Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
Prolonged pre-trial custody in money-laundering proceedings may require constitutional protection of personal liberty and speedy trial under Article 21 to prevail over the bail restrictions in Section 45 of the PMLA. No fixed custody period determines this result; the assessment depends on the alleged role, prescribed sentence, trial stage and expected duration, and risks of absconding or interference with evidence. Where investigation is complete, trial progress remains delayed, no early completion is realistic, and delay is not attributable to the accused, the statutory twin conditions may be diluted. Regular bail may then be granted subject to appropriate conditions.
Prolonged pre-trial custody in money-laundering proceedings may require constitutional protection of personal liberty and speedy trial under Article 21 to prevail over the bail restrictions in Section 45 of the PMLA. No fixed custody period determines this result; the assessment depends on the alleged role, prescribed sentence, trial stage and expected duration, and risks of absconding or interference with evidence. Where investigation is complete, trial progress remains delayed, no early completion is realistic, and delay is not attributable to the accused, the statutory twin conditions may be diluted. Regular bail may then be granted subject to appropriate conditions.
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