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...
Dominant issue: legality of arrest and custody - Court held that illegal arrest may be challenged by writ only where arrest flagrantly breaches procedural safeguards or is mala fide; ordinarily bail provisions govern custody, and judicial scrutiny focuses on material justifying arrest. Outcome: challenge rejected because arrest was supported by material establishing reason to believe an offence under Section 132(1) was made out. Dominant issue: non-production within 24 hours - Court found non-production excused by exigent medical transfer and not contrary to statutory requirements or instructions, so this plea failed. Petition dismissed. - HC
Dominant issue: legality of arrest and custody - Court held that illegal arrest may be challenged by writ only where arrest flagrantly breaches procedural safeguards or is mala fide; ordinarily bail provisions govern custody, and judicial scrutiny focuses on material justifying arrest. Outcome: challenge rejected because arrest was supported by material establishing reason to believe an offence under Section 132(1) was made out. Dominant issue: non-production within 24 hours - Court found non-production excused by exigent medical transfer and not contrary to statutory requirements or instructions, so this plea failed. Petition dismissed. - HC
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