Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Contravention of foreign exchange rules in crossborder diamond payments; appellate tribunal reduces one appellant's penalty for delay and proportional...
Anticipatory bail under the PMLA was considered against the twin test requiring reasonable grounds to believe the accused are not guilty and pose no likelihood of offending while on bail; the court found no such grounds and dismissed anticipatory bail. The court held custodial interrogation is necessary in complex, layered moneylaundering investigations involving mule accounts, transnational syndicates, risk of evidence destruction and alleged bribery, and that economic/socioeconomic offences require stricter bail scrutiny; the presumption regarding proceeds of crime under the PMLA weighed against bail. The HC balanced Article 21 liberty interests with investigatory needs and prioritized effective interrogation.
Anticipatory bail under the PMLA was considered against the twin test requiring reasonable grounds to believe the accused are not guilty and pose no likelihood of offending while on bail; the court found no such grounds and dismissed anticipatory bail. The court held custodial interrogation is necessary in complex, layered moneylaundering investigations involving mule accounts, transnational syndicates, risk of evidence destruction and alleged bribery, and that economic/socioeconomic offences require stricter bail scrutiny; the presumption regarding proceeds of crime under the PMLA weighed against bail. The HC balanced Article 21 liberty interests with investigatory needs and prioritized effective interrogation.
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