Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
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The Court held that imposing a condition of furnishing a bank guarantee while granting bail is illegal. The Apex Court, in Subhash Chouhan v. Union of India, ruled that directing the appellant to deposit a sum as a condition for bail is not sustainable and should be set aside. The Court observed that it encounters numerous cases where Courts impose an illegal condition of furnishing a bank guarantee of any quantum while granting bail, leading to unnecessary litigation. The Court deemed it appropriate to clarify that Courts shall not insist on furnishing a bank guarantee for release on bail. However, Courts are free to impose other legally tenable conditions. The criminal petition challenging the condition of furnishing a bank guarantee was allowed.
The Court held that imposing a condition of furnishing a bank guarantee while granting bail is illegal. The Apex Court, in Subhash Chouhan v. Union of India, ruled that directing the appellant to deposit a sum as a condition for bail is not sustainable and should be set aside. The Court observed that it encounters numerous cases where Courts impose an illegal condition of furnishing a bank guarantee of any quantum while granting bail, leading to unnecessary litigation. The Court deemed it appropriate to clarify that Courts shall not insist on furnishing a bank guarantee for release on bail. However, Courts are free to impose other legally tenable conditions. The criminal petition challenging the condition of furnishing a bank guarantee was allowed.
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