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Vinoth pandian law tips Vinothpandian: Supreme court ; WP No ( criminal ) 113 of 2016 dated 3 – 01 – 2023 : kaushal kishor vs state of Uttar pradesh : In India , the government can be held liable for tortious acts of its servants and can be ordered to be paid compensation to the persons suffering as a result of the legal wrong
by Sekar Reporter · Published January 13, 2023
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That apart, a learned Single Judge in Crl.O.P.No.21536 of 2022 has passed an order dated 07.09.2022 directing the CCB-I not to file final report in CCB-I P.S.Crime No.161 of 2022. Superadded, the FIR does not even disclose anything about wrongful loss to the Axis Bank and wrongful gain to the accused in the transaction. The allegations in the FIR, even if is accepted as gospel truth, does not prima facie appear to have any scope for generating “proceeds of crime” at the cost of Axis Bank. It is the simple grievance of Axis Bank that, the petitioner company did not disclose to them that there is a FEMA case against them, in the application for making foreign remittance. However, as P.N.PRAKASH, J and RMT. TEEKAA RAMAN , J gm pointed out by Mr.B.Kumar, learned Senior Counsel, the said application form does not have column in this regard. Prima facie, we find that no ‘proceeds of crime’ has been generated pursuant to the criminal activity alleged in CCB-I P.S.Crime No.161 of 2022. The petitioner has made out a prima facie case for grant of stay. Accordingly, there shall be an order interim stay until further orders. [PNP, J.] [TKR, J.] 20.10.2022 (2/2) gm W.M.P.No.27428 of 2022 in Writ Petition No.28140 of 2022
by Sekar Reporter · Published November 10, 2022