Service of notice and contractual debt acknowledgment preserved insolvency admission against a corporate guarantor despite limitation and natural just...
Original works exemption excludes standalone boulder transportation, leaving subcontracted railway-project transport services subject to service tax l...
Annual production capacity determinations excluding stenter galleries support refunds for unconstitutional excise levies without an unjust-enrichment ...
Vicarious liability for cheque dishonour requires specific allegations of responsibility and cheque signatory; generic director allegations cannot sus...
IT Resilience Index requires market infrastructure institutions to automate resilience scoring, early warnings, and continuous service-delivery monito...
HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
HC, exercising revisional jurisdiction, upheld the orders refusing discharge of the petitioner in prosecutions under PMLA arising out of illegal mining, a scheduled offence. Interpreting Section 2(1)(u) PMLA, the Court held that "proceeds of crime" covers property derived directly or indirectly from criminal activity relatable to the scheduled offence. Applying the settled standard that, at the discharge stage, the court only examines whether there is ground for presuming commission of an offence and cannot conduct a mini-trial or rely on the defence case, HC found sufficient prima facie material from seized cash, banking trails and Section 50 statements. Both criminal revision petitions were dismissed, permitting framing of charges.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
