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...
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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