Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
Transparency in technical bid evaluation requires disclosed standards and recorded reasons; opaque scoring invalidated tender awards and required fres...
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The HC held that quashing of FIR does not automatically lead to quashing of ECIR under PMLA. PMLA is a sui generis legislation with section 3 being a standalone provision. ECIR cannot be equated with FIR as ECIR becomes independent once initiated. Quashing of FIR on technical grounds does not exonerate accused from predicate offence u/s 447 of Companies Act which is a scheduled offence. ECIR was not liable to be quashed as the predicate offence was still pending. Petition dismissed with the direction that trial court shall proceed uninfluenced by observations on factual aspects.
The HC held that quashing of FIR does not automatically lead to quashing of ECIR under PMLA. PMLA is a sui generis legislation with section 3 being a standalone provision. ECIR cannot be equated with FIR as ECIR becomes independent once initiated. Quashing of FIR on technical grounds does not exonerate accused from predicate offence u/s 447 of Companies Act which is a scheduled offence. ECIR was not liable to be quashed as the predicate offence was still pending. Petition dismissed with the direction that trial court shall proceed uninfluenced by observations on factual aspects.
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