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...
Benami transactions are established where consideration is advanced by a beneficial owner as a loan and property is registered in a benamidar's name on default, particularly if the benamidar cannot show independent means or documentary proof; in such cases provisional attachment is supportable. Statements of witnesses, including third parties and those recorded by initiating officers, have evidentiary value unless shown to be coerced, and may be used with money trail documents to prove the scheme. The benamidar bears an obligation to disclose the source of consideration, and failure to do so, coupled with unrefuted documentary sequence, permits sustaining the benami finding and related measures.
Benami transactions are established where consideration is advanced by a beneficial owner as a loan and property is registered in a benamidar's name on default, particularly if the benamidar cannot show independent means or documentary proof; in such cases provisional attachment is supportable. Statements of witnesses, including third parties and those recorded by initiating officers, have evidentiary value unless shown to be coerced, and may be used with money trail documents to prove the scheme. The benamidar bears an obligation to disclose the source of consideration, and failure to do so, coupled with unrefuted documentary sequence, permits sustaining the benami finding and related measures.
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