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...
HC held that the Appellate Tribunal under PMLA, by virtue of S.26(4), possesses wide appellate jurisdiction, including the inherent power to remand matters to the Adjudicating Authority after setting aside an order of confirmation of provisional attachment under S.8. The Tribunal's interference in the present case was based on breach of principles of natural justice, as the notice lacked communication of "reasons to believe," thereby vitiating the confirmation order but not the underlying proceedings. HC clarified that remand merely restores proceedings to the stage before confirmation and does not invalidate the provisional attachment by efflux of time. Finding no statutory bar or jurisdictional error, HC dismissed the appeals as devoid of merit.
HC held that the Appellate Tribunal under PMLA, by virtue of S.26(4), possesses wide appellate jurisdiction, including the inherent power to remand matters to the Adjudicating Authority after setting aside an order of confirmation of provisional attachment under S.8. The Tribunal's interference in the present case was based on breach of principles of natural justice, as the notice lacked communication of "reasons to believe," thereby vitiating the confirmation order but not the underlying proceedings. HC clarified that remand merely restores proceedings to the stage before confirmation and does not invalidate the provisional attachment by efflux of time. Finding no statutory bar or jurisdictional error, HC dismissed the appeals as devoid of merit.
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