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 HC dismissed a petition seeking recall of a bail order in a case involving fraudulent availing of Input Tax Credit through ineligible invoices. The court distinguished between challenging bail orders on merits versus cancellation for condition violations, noting that recall requires demonstrating improper exercise of discretion while cancellation involves breach of bail conditions. The petitioner failed to establish cogent and overwhelming circumstances necessary for bail cancellation. The court emphasized that evidence was documentary/electronic with no tampering risk, the accused posed no flight risk, and no witness influence concerns existed. Since the original bail order dated 17.10.2020 was well-reasoned and no misuse of bail liberty was demonstrated, the petition lacked merit and was dismissed.
The HC dismissed a petition seeking recall of a bail order in a case involving fraudulent availing of Input Tax Credit through ineligible invoices. The court distinguished between challenging bail orders on merits versus cancellation for condition violations, noting that recall requires demonstrating improper exercise of discretion while cancellation involves breach of bail conditions. The petitioner failed to establish cogent and overwhelming circumstances necessary for bail cancellation. The court emphasized that evidence was documentary/electronic with no tampering risk, the accused posed no flight risk, and no witness influence concerns existed. Since the original bail order dated 17.10.2020 was well-reasoned and no misuse of bail liberty was demonstrated, the petition lacked merit and was dismissed.
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