Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
The HC dismissed the petition seeking quashing of an ECIR registered under Sections 3 and 4 of PMLA related to extortion alleged as proceeds of crime. The Court held that offenses under the scheduled crime and PMLA are independent, and pre-trial quashing based on similarities between MCOCA and PMLA provisions is unwarranted. Subjective claims by the petitioner regarding coercion and ignorance require trial adjudication and cannot be accepted as conclusive at this stage. The Court emphasized that the criminal justice process's filtration mechanism must operate, and premature interference would be inappropriate. Consequently, the petition to quash the ECIR and supplementary complaint was rejected.
The HC dismissed the petition seeking quashing of an ECIR registered under Sections 3 and 4 of PMLA related to extortion alleged as proceeds of crime. The Court held that offenses under the scheduled crime and PMLA are independent, and pre-trial quashing based on similarities between MCOCA and PMLA provisions is unwarranted. Subjective claims by the petitioner regarding coercion and ignorance require trial adjudication and cannot be accepted as conclusive at this stage. The Court emphasized that the criminal justice process's filtration mechanism must operate, and premature interference would be inappropriate. Consequently, the petition to quash the ECIR and supplementary complaint was rejected.
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