Pre-trial bail granted where custodial period, documentary prosecution, and magistrate-triable offence favor release subject to surety and no witness ...
Allowability of Salary Exemptions: Form 16 entries can substantiate HRA and other salary exemptions, and home loan interest is deductible for a self-o...
Capital gains exemption: payment for plot, architect fees and bona fide commencement of construction can satisfy utilisation requirement and secure re...
At the discharge stage in a PMLA prosecution, the trial court is required only to sift the material to see whether a prima facie case exists, not to conduct a roving inquiry into the merits. The court's order was upheld because it had considered the FIR in the predicate offence, the ECIR, the accused's Section 50 statement, property documents and the evaluation report, and had noted compliance with the prescribed procedure. Reading the order as a whole, there was no non-application of mind or perversity warranting revisional interference. The question whether the assets constitute proceeds of crime was left open for trial, so the refusal to discharge was sustained.
At the discharge stage in a PMLA prosecution, the trial court is required only to sift the material to see whether a prima facie case exists, not to conduct a roving inquiry into the merits. The court's order was upheld because it had considered the FIR in the predicate offence, the ECIR, the accused's Section 50 statement, property documents and the evaluation report, and had noted compliance with the prescribed procedure. Reading the order as a whole, there was no non-application of mind or perversity warranting revisional interference. The question whether the assets constitute proceeds of crime was left open for trial, so the refusal to discharge was sustained.
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