Rectification of mistake remains limited to self-evident record errors, preventing merits review through miscellaneous applications and preserving fin...
Tender creditworthiness conditions may extend to de facto Promoter Directors, with post-participation challenges generally barred absent arbitrariness...
Corporate representation in PMLA summons proceedings permitted through an authorised signatory, subject to directors' continuing cooperation and atten...
Helicopter charter classification requires effective control analysis, while territorial performance, reasoned credit orders and wilful suppression de...
Under the PBPT Act, attachment can continue only against benami property held by a benamidar or beneficial owner; property cannot be attached merely because its owner is treated as an abettor unless the property itself is found to be benami. The Tribunal noted that the appellant had been proceeded against as beneficial owner initially, but the adjudication position shifted to Smt. Shital Soni as beneficial owner and the appellant as only an abettor. As there was no specific finding that the appellant's attached properties were benami, continuation of attachment was unsustainable. The attachment was set aside to that extent, while the appellant's exposure to consequences for abetment was left unaffected.
Under the PBPT Act, attachment can continue only against benami property held by a benamidar or beneficial owner; property cannot be attached merely because its owner is treated as an abettor unless the property itself is found to be benami. The Tribunal noted that the appellant had been proceeded against as beneficial owner initially, but the adjudication position shifted to Smt. Shital Soni as beneficial owner and the appellant as only an abettor. As there was no specific finding that the appellant's attached properties were benami, continuation of attachment was unsustainable. The attachment was set aside to that extent, while the appellant's exposure to consequences for abetment was left unaffected.
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