Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights October 2023 Year 2023 This

Rejection of prayer for default bail - There is no doubt that ...

Money Laundering

October 13, 2023

Rejection of prayer for default bail - There is no doubt that such right of bail although is a valuable right, but the same is a conditional one. The condition precedent being pendency of the investigation. Whether an investigation, in fact, has remained pending and the investigating officer has submitted the charge sheet only with a view to curtail the right of the accused, would essentially be a question of fact. - it cannot be said, in the aforesaid facts, that charge sheet was not submitted within the stipulated period, and in view of that, Sub-Section (2) of Section 167 Cr.P.C. is not available to the petitioner - No default bail - HC

View Source

 


 

You may also like:

  1. Grant of Default/statutory Bail - availment of illegal CENVAT Credit - This Court is of the opinion that though the complaint filed by respondent No.2 cannot be said to...

  2. Depreciation on intangible asset representing acquisition of business contract - assessee has also acquired contractual rights which, no doubt, is a valuable commercial...

  3. Grant of Default Bail - The default bail under Section 167(2) Cr.P.C. cannot be equated with the discretion of the Court under Sections 437, 438 or 439 Cr.P.C., wherein...

  4. Grant of Bail - offence punishable u/s 132 of GST - admittedly, charge sheet has not been filed, therefore, right of `default bail' accrued to the applicant after...

  5. Grant of default bail under Section 167(2) Cr.P.C. - The Supreme Court allowed the appeal, setting aside the High Court's and Special Court's orders granting default...

  6. Grant of Anticipatory Bail - fake invoices through various firms, floated/ managed either directly by them or by putting convenient people to manage their affairs - It...

  7. Grant of default bail - Section 167(2) CrPC - evasion of tax - charge sheet was not filed within sixty days, applicant was enlarged on default bail - applicant is not...

  8. Seeking grant of bail - illicit supply of finished goods, namely perfumery compounds, without issuing any tax invoice and without payment of GST - A prayer for bail is...

  9. Seeking grant of Regular Bail - The case involves a bail application under Section 439 of the CrPC in connection with an FIR registered under the CGST Act. The applicant...

  10. Grant of regular bail - Diversion of funds - Since the charge-sheet in the instant matter has already been filed, merely because ED is still further investigating the...

  11. Money Laundering - seeking grant of bail - offence of fraud and forgery of valuable securities, etc. - twin conditions u/s 45 of PMLA satisfied or not - The High Court...

  12. Sale of ESOP – Period of holding - the assesse acquired a valuable right on the date of grant and this valuable right, which is capital asset, when sold after 3 years,...

  13. Seeking grant of bail - creation and operation of 294 fake firms and has evaded a tax - The court noted the serious nature of economic offences and the substantial loss...

  14. Grant of Bail - input tax credit - fake invoices - The rival contentions particularly those relating to delegation of power by the Commissioner regarding recording of...

  15. Grant of Bail - petitioner is in custody since 5th December, 2020 and that no interrogation is done - The bail cannot be granted solely on the ground that vires of...

 

Quick Updates:Latest Updates