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...
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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