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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
Tax exemption for specified legal-services authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and...
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The High Court examined the legality of a seizure order due to unauthorized search and seizure of goods based on suspicion of storing stolen/smuggled areca nuts. The Bureau of Investigation (Economic Offence) lacked authority for such actions as the Customs Act empowers specific customs officers for search and seizure of smuggled goods, not the BI (EO). Jurisdictional facts must exist for an authority to act, and in this case, the BI (EO) wrongly assumed such facts, leading to the search and seizure being set aside. The petitioner may seek redressal for any grievances, and the bank guarantee provided should be released. The petition was allowed.
The High Court examined the legality of a seizure order due to unauthorized search and seizure of goods based on suspicion of storing stolen/smuggled areca nuts. The Bureau of Investigation (Economic Offence) lacked authority for such actions as the Customs Act empowers specific customs officers for search and seizure of smuggled goods, not the BI (EO). Jurisdictional facts must exist for an authority to act, and in this case, the BI (EO) wrongly assumed such facts, leading to the search and seizure being set aside. The petitioner may seek redressal for any grievances, and the bank guarantee provided should be released. The petition was allowed.
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