Retrospective application of beneficial circulars upheld, binding officers and granting post adjudication relief where adjudication occurred after cir...
Admissibility of Investigation Statements requires witness examination before the adjudicating authority; otherwise statements cannot sustain a penalt...
Transaction value and connected person treatment in excise valuation: proprietary concerns not inter connected undertakings, relief on valuation and c...
Appointment of Registrars as adjudicating officers under Companies Act reallocates territorial jurisdiction and sets appeal route to Regional Director...
The text examines legal limits on issuing and continuing Look-Out Circulars (LOCs) as restraints on the fundamental right to travel and personal liberty, holding that LOCs are coercive executive measures permitted only where a cognizable offence exists and there is specific, tangible material showing deliberate evasion or a proximate likelihood of absconding; exceptional national or systemic risks warranting narrow application of exceptional powers are required otherwise. It states that requests by public sector bank principals to seek LOCs lack statutory guidance and procedural safeguards and are unsustainable. Practically, LOCs must be periodically reviewed, justified by originating agencies, and may be quashed subject to cooperation undertakings and trial-court permission for future travel.
The text examines legal limits on issuing and continuing Look-Out Circulars (LOCs) as restraints on the fundamental right to travel and personal liberty, holding that LOCs are coercive executive measures permitted only where a cognizable offence exists and there is specific, tangible material showing deliberate evasion or a proximate likelihood of absconding; exceptional national or systemic risks warranting narrow application of exceptional powers are required otherwise. It states that requests by public sector bank principals to seek LOCs lack statutory guidance and procedural safeguards and are unsustainable. Practically, LOCs must be periodically reviewed, justified by originating agencies, and may be quashed subject to cooperation undertakings and trial-court permission for future travel.
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