Corporate insolvency resolution process amended with expanded disclosure, guarantor asset transfer rules, and new dissolution and restoration procedur...
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
Registration of an ECIR under the PML Act is not automatic on the existence of a predicate offence; the authorised officer must form and record reasons to believe, on the basis of materials in possession, that proceeds of crime exist and Section 3 is attracted. An ECIR is an internal document and the statutory decision to initiate proceedings lies with the Enforcement Directorate, so a High Court cannot compel registration merely because a predicate offence appears to exist prima facie. The writ petition seeking such a direction was dismissed, leaving initiation of proceedings to the Enforcement Directorate's independent satisfaction.
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