Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Provisional attachment under the 2002 Act can extend to persons not named as accused in the FIR or chargesheet if the property is linked to proceeds of crime and the person is shown as a recipient or holder of such proceeds. The Tribunal rejected the challenge based solely on non-inclusion in the predicate offence. It also held that the appellants failed to prove the lawful source of more than Rs. 10 crore remitted through banking channels and used for property purchases, and that contemporaneous SMS and purchase records supported the money-trail. The plea that some properties were acquired before the murder did not defeat equivalent value attachment, and the attachment was upheld.
Provisional attachment under the 2002 Act can extend to persons not named as accused in the FIR or chargesheet if the property is linked to proceeds of crime and the person is shown as a recipient or holder of such proceeds. The Tribunal rejected the challenge based solely on non-inclusion in the predicate offence. It also held that the appellants failed to prove the lawful source of more than Rs. 10 crore remitted through banking channels and used for property purchases, and that contemporaneous SMS and purchase records supported the money-trail. The plea that some properties were acquired before the murder did not defeat equivalent value attachment, and the attachment was upheld.
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