HC held that the Appellate Tribunal's dismissal of the legal ...

Legal Heir's Rights Upheld: PMLA Proceeding Continues After Appellant's Death, Tribunal's Dismissal Overturned Under Section 72

April 10, 2025

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HC held that the Appellate Tribunal's dismissal of the legal representative (LR) petition was improper. The tribunal erroneously applied CPC Order 22 provisions to a PMLA proceeding, violating principles of natural justice. Section 72 of PMLA enables continuation of proceedings upon appellant's death without prescribing a specific time limitation. The court found no legal basis for abating the appeal and emphasized that the tribunal should have taken a liberal approach, allowing the legal heir to be substituted and adjudicating the matter on merits. The impugned order was set aside, with the appeal being allowed, thereby reinstating the legal representative's right to pursue the pending proceedings.

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