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Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

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Supreme Court Dismisses Municipal Corporation's Appeal in Arbitration Case Upholding Arbitral Award. Challenge to Tribunal's Constitution Fails as 30-Day Appointment Period in Arbitration Agreement is Directory, Not Mandatory, Under Sections 16, 34, and 37 of the Arbitration and Conciliation Act, 1996.

The dispute originated from a consultancy agreement dated 18 September 1995 between the Municipal Corporation of Greater Mumbai (MCGM) and Respondent ...

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High Court Quashes Eviction Order Under Senior Citizens Act -- Sons Successfully Challenge Tribunal's Jurisdiction -- Father Found Ineligible for Maintenance Yet Granted Eviction Relief

The High Court heard a Writ Petition challenging an eviction order against sons from their father's property under the Maintenance and Welfare of Pare...

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High Court Quashes Income Tax Assessment Order for Non-Compliance with Time Limit and Violation of Natural Justice. Assessment Order Passed Beyond 12-Week Deadline Set by Court and with Insufficient Response Time to Show-Cause Notice Under Sections 143(3) and 144B of Income Tax Act, 1961 is Invalid.

The dispute arose from an assessment order issued under the Income Tax Act, 1961 for the Assessment Year 2018-19. The petitioner, a manufacturer of ce...

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Supreme Court Allows Appeal Against High Court Order Holding Anticipatory Bail Maintainable Despite Custody in Another Case. Person in Custody Cannot Apprehend Arrest and Thus Cannot Seek Pre-Arrest Bail Under Section 438 CrPC.

The Supreme Court considered the question of whether an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (C...

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Bombay High Court Upholds Private Complaints for Dishonour of Cheque Over Rs. 1 Crore Under Section 138 of Negotiable Instruments Act, 1881. Section 142(2) of NI Act Does Not Mandate Police Investigation, Private Complaint Maintainable.

The case involved a reference made by a learned Single Judge of the Bombay High Court regarding the interpretation of Section 142(2) of the Negotiable...

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Bombay High Court Upholds Maintenance Tribunal's Order Declaring Gift Deeds Void Under Senior Citizens Act, 2007. Son's Failure to Provide Basic Amenities to Father Constitutes Neglect Under Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

The petitioner, Nitin Rajendra Gupta, challenged an order dated 31 October 2022 passed by the Maintenance Tribunal under the Maintenance and Welfare o...

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High Court of Karnataka at Bengaluru Dismissed Writ Petition Challenging Provisional Attachment Order Under PMLA. Court Held That Stay of Predicate Offence Does Not Automatically Vitiate PMLA Proceedings; Directed Adjudicating Authority to Expeditiously Complete Adjudication.

The petitioners challenged a provisional attachment order dated 01.08.2022 passed under Section 5(1) of the Prevention of Money Laundering Act, 2002 (...