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...
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
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