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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...
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Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
The Supreme Court of India examined the legality of the arrest of the petitioner under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA). The Court found no significant difference between the provisions of Section 19 of the PMLA and Section 43B of the UAPA regarding the communication of grounds for arrest. Both provisions stem from the constitutional safeguard under Article 22(1) of the Indian Constitution. The Court emphasized the fundamental right of an arrested person to be informed in writing of the grounds for arrest promptly. Failure to provide written grounds of arrest before remand vitiates the arrest and subsequent proceedings. The Court held that the arrest and remand orders were invalid, quashed them, and directed the release of the appellant. The judgment sets a binding precedent for all courts in the country.
The Supreme Court of India examined the legality of the arrest of the petitioner under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA). The Court found no significant difference between the provisions of Section 19 of the PMLA and Section 43B of the UAPA regarding the communication of grounds for arrest. Both provisions stem from the constitutional safeguard under Article 22(1) of the Indian Constitution. The Court emphasized the fundamental right of an arrested person to be informed in writing of the grounds for arrest promptly. Failure to provide written grounds of arrest before remand vitiates the arrest and subsequent proceedings. The Court held that the arrest and remand orders were invalid, quashed them, and directed the release of the appellant. The judgment sets a binding precedent for all courts in the country.
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