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...
Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an offence under Section 3 of the PMLA. There was no prima facie evidence to suggest the petitioner knowingly facilitated the transfer of proceeds of the crime. The court emphasized that intent is crucial for constituting an offence under the PMLA, and such intent was not established against the petitioner. - The court quashed the proceedings against the petitioner, accused No. 7, stating that continuing the criminal proceedings would be an abuse of the process of law.
Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an offence under Section 3 of the PMLA. There was no prima facie evidence to suggest the petitioner knowingly facilitated the transfer of proceeds of the crime. The court emphasized that intent is crucial for constituting an offence under the PMLA, and such intent was not established against the petitioner. - The court quashed the proceedings against the petitioner, accused No. 7, stating that continuing the criminal proceedings would be an abuse of the process of law.
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