Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
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.
Note: It is a system-generated summary and is for quick reference only.