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 appeal and refused to interfere with the Single Judge's order upholding the Provisional Attachment Order under the PMLA, affirming that writ jurisdiction under Article 226 must be exercised sparingly where an alternative efficacious remedy exists and only upon proof of mala fides, patent arbitrariness, or lack of jurisdiction. The Court held a PAO is a provisional safeguard for future PMLA proceedings and non-compliance with the first proviso to s.5(1) is not per se fatal to attachment proceedings. The Court found the designated authority had cogent material to believe proceeds of crime were invested and limited attachment to properties acquired during 2009-2014; quashing was denied.
The HC dismissed the appeal and refused to interfere with the Single Judge's order upholding the Provisional Attachment Order under the PMLA, affirming that writ jurisdiction under Article 226 must be exercised sparingly where an alternative efficacious remedy exists and only upon proof of mala fides, patent arbitrariness, or lack of jurisdiction. The Court held a PAO is a provisional safeguard for future PMLA proceedings and non-compliance with the first proviso to s.5(1) is not per se fatal to attachment proceedings. The Court found the designated authority had cogent material to believe proceeds of crime were invested and limited attachment to properties acquired during 2009-2014; quashing was denied.
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