Institutional incapacity in customs settlement proceedings excludes non-functional quorum periods from statutory disposal timelines, preventing automa...
Interactive touchscreen panels with integrated computing functions fall under automatic data-processing machines rather than display monitors for cust...
Ex parte injunction service requirements were substantially met, while civil recovery and SFIO investigation into provident fund defalcation continued...
Enforcement of resolution-plan directions continues without a Supreme Court stay, preventing suspension of redistribution and escrowed-fund distributi...
Third-party ownership claims over attached property require Special Court adjudication where purchasers lack registered sale deeds and bona fides rema...
Pure-agent reimbursements in clearing and forwarding services are excluded from taxable value when qualifying third-party payments are properly record...
Customs relief for Strait of Hormuz maritime disruptions remains available, with existing conditions continuing unchanged through the extended validit...
The petitioner was granted bail by the High Court in a money laundering case under the Prevention of Money Laundering Act (PMLA). The court held that the Enforcement Directorate (ED) must establish foundational facts, after which the burden shifts to the accused to rebut the presumption u/s 24 of the PMLA. Statements recorded u/s 50 of the PMLA while the accused was in custody are inadmissible against the maker and can only provide corroboration. The alleged cash payment of Rs. 1.50 crores to the petitioner was not substantiated. The court observed that prolonged incarceration before being pronounced guilty violates Article 21 of the Constitution, and constitutional courts must lean towards constitutionalism and rule of law. Considering the circumstances, the petitioner was granted bail upon furnishing a bond of Rs. 10,00,000/- with stringent conditions.
The petitioner was granted bail by the High Court in a money laundering case under the Prevention of Money Laundering Act (PMLA). The court held that the Enforcement Directorate (ED) must establish foundational facts, after which the burden shifts to the accused to rebut the presumption u/s 24 of the PMLA. Statements recorded u/s 50 of the PMLA while the accused was in custody are inadmissible against the maker and can only provide corroboration. The alleged cash payment of Rs. 1.50 crores to the petitioner was not substantiated. The court observed that prolonged incarceration before being pronounced guilty violates Article 21 of the Constitution, and constitutional courts must lean towards constitutionalism and rule of law. Considering the circumstances, the petitioner was granted bail upon furnishing a bond of Rs. 10,00,000/- with stringent conditions.
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