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 was upheld where the order itself recorded that the immovable property represented proceeds of crime, so there was no need for later supplementation of reasons. The Court held that attachment is confined to property having a nexus with the scheduled offence; property acquired before commission of the offence does not ordinarily fall within the definition of proceeds of crime, and equivalent-value attachment is limited to property derived from criminal activity taken or held outside India. However, the appellant failed to prove on the record that the attached property was in fact acquired before the alleged offence period, so the challenge to attachment failed.
Provisional attachment under the PMLA was upheld where the order itself recorded that the immovable property represented proceeds of crime, so there was no need for later supplementation of reasons. The Court held that attachment is confined to property having a nexus with the scheduled offence; property acquired before commission of the offence does not ordinarily fall within the definition of proceeds of crime, and equivalent-value attachment is limited to property derived from criminal activity taken or held outside India. However, the appellant failed to prove on the record that the attached property was in fact acquired before the alleged offence period, so the challenge to attachment failed.
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