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...
Disposal of seized gold jewellery without intimation to the affected person and adjudicatory authorities is condemned as breach of natural justice, and administrative disposal without notice is unlawful; consequence: entitlement to compensation at prevailing market value for the seized 1110 grams. Unlawful reduction of refund by deducting customs duty or using a lower recovered amount is impermissible where re-export has been ordered; consequence: refund must reflect full market rate. Supervisory review of administrative disposal and refund orders is affirmed as a remedy to direct payment and further costs for non-compliance.
Disposal of seized gold jewellery without intimation to the affected person and adjudicatory authorities is condemned as breach of natural justice, and administrative disposal without notice is unlawful; consequence: entitlement to compensation at prevailing market value for the seized 1110 grams. Unlawful reduction of refund by deducting customs duty or using a lower recovered amount is impermissible where re-export has been ordered; consequence: refund must reflect full market rate. Supervisory review of administrative disposal and refund orders is affirmed as a remedy to direct payment and further costs for non-compliance.
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