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...
Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
Powers of the ED to arrest an accused after cognizance is taken by the Special Court. - Procedure when an accused does not appear after service of summons. - The Supreme Court noted with concern the practice by some Special Courts under the PMLA of taking accused into custody after their appearance in compliance with a summons. This practice was found to be illegal and in violation of the right to liberty. The Court clarified that if the ED requires the custody of an accused who appears post-summons, it must apply to the Special Court for such custody, ensuring that the accused's rights are respected and safeguarded through judicial oversight.
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