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...
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
In a PMLA bail application, the dominant issue was whether the statutory "twin conditions" under s.45 could be treated as satisfied despite earlier rejection on merits, due to prolonged incarceration and no likelihood of early commencement or conclusion of trial in the ECIR or the predicate offence. Relying on SC precedent harmonizing constitutional guarantees with statutory restrictions, the court held that long custody and undue trial delay justified treating the applicant as meeting s.45 at this stage, and that the non-reoffending limb could be secured through stringent bail conditions; it also avoided any merits assessment to prevent prejudice. Bail was granted subject to conditions - HC
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