Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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The case pertains to granting bail in a money laundering case involving scheduled offenses under the Prevention of Money Laundering Act (PMLA). The key points are: the applicability of Section 436A of the CrPC, which limits the maximum detention period for an undertrial prisoner, to offenses under PMLA, considering the twin conditions of Section 45 of PMLA. The Supreme Court in Vijay Madanlal Choudhary case held that Section 436A of CrPC will prevail over the rigors of Section 45 of PMLA, allowing relaxation of the twin conditions in case of Article 21 violation. In the present case, the applicant has been incarcerated for around 4 years and 8 months, exceeding half the maximum punishment u/s 4 of PMLA. Considering the long incarceration, the High Court granted bail to the applicant, subject to conditions.
The case pertains to granting bail in a money laundering case involving scheduled offenses under the Prevention of Money Laundering Act (PMLA). The key points are: the applicability of Section 436A of the CrPC, which limits the maximum detention period for an undertrial prisoner, to offenses under PMLA, considering the twin conditions of Section 45 of PMLA. The Supreme Court in Vijay Madanlal Choudhary case held that Section 436A of CrPC will prevail over the rigors of Section 45 of PMLA, allowing relaxation of the twin conditions in case of Article 21 violation. In the present case, the applicant has been incarcerated for around 4 years and 8 months, exceeding half the maximum punishment u/s 4 of PMLA. Considering the long incarceration, the High Court granted bail to the applicant, subject to conditions.
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