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...
Provisional attachment under the PMLA is an interim protective measure to preserve property for possible confiscation and may be confirmed even where the seized currency/FDR is held in custody by a trial court; mere custody does not preclude confirmation and legally entitled persons may claim return if acquitted. Registration of FIR, filing of charge-sheet and corroborative materials (voluntary disclosures, recorded conversations) furnish prima facie 'reason to believe' supporting attachment. The respondents' plea that seized cash were sale proceeds is an issue for trial and does not defeat confirmation. The provisional attachment was confirmed without prejudice to criminal trial rights.
Provisional attachment under the PMLA is an interim protective measure to preserve property for possible confiscation and may be confirmed even where the seized currency/FDR is held in custody by a trial court; mere custody does not preclude confirmation and legally entitled persons may claim return if acquitted. Registration of FIR, filing of charge-sheet and corroborative materials (voluntary disclosures, recorded conversations) furnish prima facie 'reason to believe' supporting attachment. The respondents' plea that seized cash were sale proceeds is an issue for trial and does not defeat confirmation. The provisional attachment was confirmed without prejudice to criminal trial rights.
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