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...
Whether the impugned purchases constituted a benami transaction under s.2(9)(A) of the 1988 Act was determined against the appellant, as the sale deeds and contemporaneous documents showed the requisite arrangement between the ostensible owner and the beneficial owner, and bank statements established that consideration was paid directly by the appellant; consequently, the benami finding and related orders were upheld. Denial of cross-examination was rejected because such right is not automatic and the conclusion rested substantially on documentary evidence; hence no prejudice was shown. The challenge to attachment for want of notice under s.26(5) was rejected on a plain reading of the provision; attachment was sustained and the appeals were dismissed. - AT
Whether the impugned purchases constituted a benami transaction under s.2(9)(A) of the 1988 Act was determined against the appellant, as the sale deeds and contemporaneous documents showed the requisite arrangement between the ostensible owner and the beneficial owner, and bank statements established that consideration was paid directly by the appellant; consequently, the benami finding and related orders were upheld. Denial of cross-examination was rejected because such right is not automatic and the conclusion rested substantially on documentary evidence; hence no prejudice was shown. The challenge to attachment for want of notice under s.26(5) was rejected on a plain reading of the provision; attachment was sustained and the appeals were dismissed. - AT
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