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...
Specified fund definition expands PAN exemption eligibility for registered alternative investment funds and qualifying International Financial Service...
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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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