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...
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HC held that the Appellate Tribunal's dismissal of the legal representative (LR) petition was improper. The tribunal erroneously applied CPC Order 22 provisions to a PMLA proceeding, violating principles of natural justice. Section 72 of PMLA enables continuation of proceedings upon appellant's death without prescribing a specific time limitation. The court found no legal basis for abating the appeal and emphasized that the tribunal should have taken a liberal approach, allowing the legal heir to be substituted and adjudicating the matter on merits. The impugned order was set aside, with the appeal being allowed, thereby reinstating the legal representative's right to pursue the pending proceedings.
HC held that the Appellate Tribunal's dismissal of the legal representative (LR) petition was improper. The tribunal erroneously applied CPC Order 22 provisions to a PMLA proceeding, violating principles of natural justice. Section 72 of PMLA enables continuation of proceedings upon appellant's death without prescribing a specific time limitation. The court found no legal basis for abating the appeal and emphasized that the tribunal should have taken a liberal approach, allowing the legal heir to be substituted and adjudicating the matter on merits. The impugned order was set aside, with the appeal being allowed, thereby reinstating the legal representative's right to pursue the pending proceedings.
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