Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
Page of 4814
Press 'Enter' after typing page number.
6541 to 6560 of 96262 Results
❮
❯
❯❯
0 / 200
Expand Note
Add to Folder
No Folders have been created
+
Are you sure you want to delete "My most important" ?
Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
Tribunal applied a three limb reading of the statutory definition of proceeds of crime, holding that where actual tainted property is not traceable, any other property of equivalent value may be provisionally attached as the "value of any such property", including property acquired prior to the scheduled offence; this preserves the statute's remedial aim and avoids rendering the second limb redundant. On the facts, transactional tracing and recorded statements supported that remittances to a corporate vehicle were used to acquire assets, so those receipts and assets qualified as proceeds of crime or their value. The Tribunal also confirmed that attachment may extend to persons not named in the predicate complaint when material shows involvement with proceeds.
Note: It is a system-generated summary and is for quick reference only.