Personal guarantor insolvency jurisdiction follows the corporate debtor's CIRP Bench, enabling inter-territorial transfer and preventing parallel proc...
Section 47-A undervaluation threshold: fraudulent intent requirement faces reconsideration after referral to a larger Bench for authoritative resoluti...
RBI supersession powers over multi-State co-operative banks operate independently of the constitutional six-month ceiling and permit statutory extensi...
Departmental exoneration does not by itself require discharge, acquittal, or termination of a criminal prosecution because departmental and criminal proceedings are independent, proceed on different evidence, and apply different standards of proof. The High Court therefore upheld refusal to discharge Customs officials accused of facilitating gold smuggling. At the discharge stage, the court must determine whether the prosecution material discloses the alleged offences or creates a strong suspicion warranting trial; mere suspicion is insufficient. As the material prima facie met that threshold, evidentiary evaluation, including alleged illegal gratification, was left for trial. The revision petitions were dismissed and trial was to proceed expeditiously.
Departmental exoneration does not by itself require discharge, acquittal, or termination of a criminal prosecution because departmental and criminal proceedings are independent, proceed on different evidence, and apply different standards of proof. The High Court therefore upheld refusal to discharge Customs officials accused of facilitating gold smuggling. At the discharge stage, the court must determine whether the prosecution material discloses the alleged offences or creates a strong suspicion warranting trial; mere suspicion is insufficient. As the material prima facie met that threshold, evidentiary evaluation, including alleged illegal gratification, was left for trial. The revision petitions were dismissed and trial was to proceed expeditiously.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4881 
