The Delhi High Court has ruled that keeping an accused in custody by using Section 45 of the PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused. The court observed that Section 45 cannot become a shackle that leads to unreasonably long detention of the accused.
In a recent judgment, the Supreme Court held that during the execution proceedings if the attachment of the judgment debtor's property takes place, then the executing courts shouldn't order the sale of the whole property when the part property could have satisfied the decree. In the present case, an attachment of the whole property of the judgment debtor was done …
While holding the extensions given to the term of ED Director Sanjay Kumar Mishra, the Supreme Court reiterated that a legislative act to nullify a judgment, without taking away its basis, is an impermissible exercise.A bench comprising Justices BR Gavai, Vikram Nath and Sanjay Karol noted that ignoring the direction given by the Supreme Court in the 2021 judgment in …
