Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Non-bailable warrants issued against a person summoned under Section 50 PMLA were quashed on the ground that the Special Court lacked jurisdiction under Section 73 CrPC. Section 73 permits warrants only against a convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest; here the person was consistently shown as a "witness" in summons and MLAT material, and there was no finding that he was an accused or absconding. Non-compliance with Section 50 summons could at best attract prosecution under Section 174 IPC, not issuance of warrants without meeting Section 73 prerequisites. The impugned order was set aside and the petition was allowed - HC
Non-bailable warrants issued against a person summoned under Section 50 PMLA were quashed on the ground that the Special Court lacked jurisdiction under Section 73 CrPC. Section 73 permits warrants only against a convict, proclaimed offender, or a person accused of a non-bailable offence who is evading arrest; here the person was consistently shown as a "witness" in summons and MLAT material, and there was no finding that he was an accused or absconding. Non-compliance with Section 50 summons could at best attract prosecution under Section 174 IPC, not issuance of warrants without meeting Section 73 prerequisites. The impugned order was set aside and the petition was allowed - HC
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