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...
Provisional release under seizure provisions is available only where the statute expressly permits it; section 130's release on payment of fine operates after a final confiscation order, so initiation of confiscation does not authorize retention. Detention requires compliance with the transit-detention procedure; inspection under the MOV forms is time-bound and ends on completion of physical verification, after which possession cannot be lawfully continued without a statutory detention order. Property deprivation must be by law under Article 300A and officers must show source of power. Resultantly, goods were ordered released on bond and confiscation proceedings to be concluded with opportunity to be heard.
Provisional release under seizure provisions is available only where the statute expressly permits it; section 130's release on payment of fine operates after a final confiscation order, so initiation of confiscation does not authorize retention. Detention requires compliance with the transit-detention procedure; inspection under the MOV forms is time-bound and ends on completion of physical verification, after which possession cannot be lawfully continued without a statutory detention order. Property deprivation must be by law under Article 300A and officers must show source of power. Resultantly, goods were ordered released on bond and confiscation proceedings to be concluded with opportunity to be heard.
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