@BanyanLawkriti Liberty clock starts when freedom ends,not when arrest is recorded. No rigid test, facts rule. Arrest memos aren’t decisive. Courts must go beyond the documentary veil.
Liberty clock starts when freedom ends,not when arrest is recorded. No rigid test, facts rule. Arrest memos aren’t decisive. Courts must go beyond the documentary veil.
HC, P&H:Arrest isn’t paperwork,it begins the moment liberty is restrained. No fixed formula; facts decide. Records aren’t conclusive. Courts must pierce the documentary veil to uncover the real timeline of custody. #lawfirm https://t.co/w1qpzi5nAg
When Ingredients of an alleged offence are missing in FIR but added subsequently in Section 161 CrPC statement, then it renders FIR untenable as for as that offence is concerned.
[SC: B. N. John Vs State Of UP,SLP(Crl)-2184/24,dt.02.01.25] #lawkriti https://t.co/jIgXXxokNR
Prior sanction under Section-197 of CrPC is necessary to prosecute Public Servant under PMLA
(SC: Directorate of Enforcement Vs Bibhu Prasad Acharya,dt.06.11.24 in CRL APPEAL 4314-4316/2024) #lawkriti https://t.co/jIgXXxnMYj #lawyer#advocate#pmla
An employee can’t be denied permission to travel abroad just because a charge sheet has been served upon him & domestic enquiry proceedings are pending.
(HC JAIPUR:Neeraj Saxena Vs Rajasthan Electronics,S.B. Civil WP No.16380/2024) https://t.co/jIgXXxnMYj #lawfirm#servicelaw
GST registration cancelled retrospectively without reasons, violates natural justice;& Temporary Suspension of Business Not Grounds for Cancellation.
HC,Delhi:Ram Niwas Vs Commr CGST,W. P.(C)13450/2024
https://t.co/jIgXXxnMYj #lawkriti#gst#advocate#legal#law#lawfirm#lawyer
SC:Beneficial provision of S.479(1) of BNSS,will apply to prosecution under PMLA- bail granted on the ground that accused had served more than one-third of the maximum sentence for the PMLA offence.
#lawkriti#Advocate#legal#pmla#ed#bail
“Speedy trial" cannot be permitted to destroy the "fair trial" by its recklessness.
SC: Sunita Devi Vs State of Bihar & Anr, Crl Appeal No.3924 of 2023,dt.17.05.24 #lawkriti#lawfirm#advocate
After going through many Prosecution Complaints filed under #PMLA by #ED I have made some interesting observations on their investigations , I will put some observations here through this thread:-
1. Effectively no Money Trail Investigation
Cases arising out of principal crime,should be tried in course of same trial before same judge instead of being sent to different courts,unless a Court has been designated to try an offence under particular statute.(SC:Shiv Kumar Vs State,CrAppealNo.2782/2023,12.09.23) #lawkriti
A wife cannot be entitled to maintenance under Section 24 of Hindu Marriage Act,1955,
by the husband when she is highly qualified and has been earning even after her marriage.
(HC,Delhi:https://t.co/EtUMlj66xx.(F.C) 248/2019 decided on 12.09.23 #lawkriti#maintenance#wife
Prevention of Money Laundering Act does not stipulate presumption of guilt of accused for the predicate offences alleged against him.
(HC,Kerala:Thomas Daniel Vs Enforcement Directorate,dt.14.09.23,BAIL APPL. NO. 5921/2022)
#lawkriti#pmla
Mere acceptance or receipt of an illegal gratification,without establishing the offer made by the bribe giver or demand raised by the public servant,would not make it an offence under Sec-7 or Sec-13 (1)(d) of the #PCAct(SC:Neeraj Dutta Vs Govt of NCT Delhi,dt.15.12.22) #lawkriti
if samples from each bag are not collected & tested separately,it could not be said that the narcotics recovered would be of commercial quantity.Enquiry against IO ordered for mixing bags & then sampling.Bail granted.
(HC,Gwalior:Naim Khan Vs State,dt.05.12.22) #ndps#lawkriti
Bribe giver can be Prosecuted under PMLA as he is also Connected to Proceeds Of Crime.
(SC:Directorate of Enforcement Vs Padmanabhan Kishore,dt.31.10.22) #lawkriti#lawyer#lawfirm#advocate#pmla#ed
A wife making unsubstantiated allegations against her husband in a court labelling him as an 'alcoholic' & a 'womanizer'amounts to cruelty.
(HC,Bombay:Nalini Nagnath Uphalkar Vs Nagnath Mahadev Uphalkar,dt.12.10.22) #lawkriti#lawyer#lawfirm#cruelty https://t.co/jIgXXxokNR
Under Sec-138 of #NIAct the arraying of a proprietor as an accused or a proprietary concern represented by the proprietor would be sufficient compliance.They are not required to be separately arrayed as a accused
(HC,Karnataka:H.N Nagaraj Vs Suresh Lal,dt.21.09.22) #chequebounce
A minister/public servant can file a private complaint alleging #defamation & need not follow the special procedure prescribed by Sec-199(2) & (4) #CrPC i.e Prior sanction by Government & filing of complaint by Public Prosecutor(SC:Manoj Kr Tiwari Vs Manish Sisodia,dt.17.10.2022)