Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings
2 years ago

Courts Are Not Expected To Stall Investigation, Cannot Interfere When There Is Prima Facie Material: Madras HC Dismisses Plea Against PMLA Proceedings

Live Law  

While dismissing a plea by a company challenging the proceedings initiated by Enforcement Directorate under the Prevention of Money Laundering Act, the Madras High Court observed that the two requirements to start an investigation by the ED are commission of a predicate offence and prima facie material to show that such schedule offence has. While dismissing a plea by a company challenging the proceedings initiated by Enforcement Directorate under the Prevention of Money Laundering Act, the Madras High Court observed that the two requirements to start an investigation by the ED are commission of a predicate offence and prima facie material to show that such schedule offence has generated proceeds of crime. The court was hearing the plea by one Southern Agrifurane Industries Private Ltd for forbearing the ED from proceeding with an Enforcement Case Information Report on the ground that the Directorate was acting beyond jurisdiction conferred upon it by the Prevention of Money Laundering Act. The petitioner company argued that since the provisions of FEMA were not a schedule offence under the PMLA, the ED was merely taking advantage of the FIR given by the bank.

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History of this topic

Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court
1 week ago

Concealment Of Proceeds Of Crime An Offence Under PMLA, ED Need Not Establish Where The Money Eventually Went: Madras High Court

Live Law  

The Madras High Court recently held that since the concealment of proceeds of crime itself is an offence under the Prevention of Money Laundering Act, the Enforcement Directorate is not required to establish where the money eventually went. The court was hearing a revision petition filed by KC Chandran, his wife and his company against the order of the Special …

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC
2 weeks, 1 day ago

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

Live Law  

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. Seeking release of the petitioner on bail, learned counsel for the petitioner submitted that by virtue of a leave and licence …

Ex-MUDA commissioner moves Karnataka HC over ED raid
2 weeks, 2 days ago

Ex-MUDA commissioner moves Karnataka HC over ED raid

New Indian Express  

BENGALURU: Former Commissioner of Mysuru Urban Development Authority Dr D B Natesh moved the Karnataka High Court questioning the legality of the search and seizure conducted as a part of the raid on his house by the Enforcement Directorate concerning the alleged irregularities in allotment of sites by the MUDA. Hearing the petition filed by Natesh contending that he has …

ED can issue summons in money-laundering cases even after filing chargesheet, says Madras HC
3 weeks, 4 days ago

ED can issue summons in money-laundering cases even after filing chargesheet, says Madras HC

New Indian Express  

CHENNAI: The Madras High Court has ruled that the Enforcement Directorate is empowered to issue summons to the accused as part of further investigations even after the complaint is filed in the jurisdictional court in a case of money laundering. The ruling was issued while dismissing petitions filed by P Palanichamy of PRP Granites and two others, who were booked …

ED opposes Arvind Kejriwal's plea challenging no sanction in liquor policy case
1 month ago

ED opposes Arvind Kejriwal's plea challenging no sanction in liquor policy case

India Today  

The Enforcement Directorate informed the Delhi High Court that there is a sanction against former Delhi Chief Minister Arvind Kejriwal in a money laundering case linked to the liquor policy case after a notice was issued to the probe agency seeking its response to the AAP leader's plea. The ED's reply came after Kejriwal sought setting aside of a trial …

High Court Allows Criminal Revision Petition Against Conviction in PMLA Case
2 months, 1 week ago

High Court Allows Criminal Revision Petition Against Conviction in PMLA Case

Live Law  

The Madras High Court has ruled that the pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed with the PMLA trial. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the …

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up
2 months, 4 weeks ago

PMLA case:Former Punjab minister Ashu forced to withdraw bail plea due to lawyers’ goof up

Hindustan Times  

Jalandhar: Former Punjab minister Bharat Bhushan Ashu, who was arrested by Enforcement Directorate in a food grain transportation scam, was left red-faced as he had to withdraw his bail petition after his team of lawyers inadvertently impleaded the state of Punjab as the respondent instead of the central agency. Former Punjab minister Bharat Bhushan Ashu was arrested by the Enforcement …

Senthilbalaji money laundering case: Trial has commenced, ED tells Madras High Court
4 months ago

Senthilbalaji money laundering case: Trial has commenced, ED tells Madras High Court

The Hindu  

The Directorate of Enforcement on Wednesday, informed the Madras High Court that the trial in the money laundering case against former Minister V. Senthilbalaji has commenced before the Principal District and Sessions Court in Chennai and one of the prosecution witnesses had already been examined. Sundaresan, assisted by ED Special Public Prosecutor N. Ramesh, and adjourned a criminal revision petition …

‘Mining no crime under PMLA’: HC restrains ED action
5 months ago

‘Mining no crime under PMLA’: HC restrains ED action

Hindustan Times  

Chennai: The Madras High Court has ordered the Enforcement Directorate not to take any further action on a sand mining case in Tamil Nadu stating that mining is not a scheduled offence under the Prevention of Money Launderig Act. The ED had filed its Enforcement Case Information Report last September against contractors and other suppliers of machineries, including excavators allegedly …

'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining
5 months ago

'ED Action Without Any Basis' : Madras High Court Stops Money Laundering Probe Against Contractors Over Sand Mining

Live Law  

The Madras High Court recently restrained the Enforcement Directorate from carrying out its investigation under the Prevention of Money Laundering Act against private contractors in connection with alleged illegal sand mining. The court added that unless a case in the scheduled offence was registered and such an offence generated proceeds of crime, the ED could not have initiated any action. …

Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC
6 months ago

Offences Under IPC Or Arms Act Discovered By ED While Searching Under FEMA Can Be Treated As Predicate Offences Under PMLA: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has dismissed the plea seeking quashing of the Enforcement Case Information Report lodged under PMLA on the basis of a search conducted under the Foreign Exchange Management Act, 1999. The predicate offence was the FIR lodged pertaining to visa fraud under Sections 472 lodged under PMLA on the basis of a search conducted under …

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence
7 months ago

Supreme Court Grants Interim Bail To PMLA Accused As Chargesheet Dropped Scheduled Offence

Live Law  

The Supreme Court on Friday granted interim bail to a man who was arrested by the Enforcement Directorate after noting that there is no scheduled offence as per the Prevention of Money Laundering Act, 2002 against him in the chargesheet filed in the predicate case.The Court noted that the proceedings under the PMLA can be initiated only if offences mentioned …

Delhi Court Raps ED For 'High-Handed Act', Says It Can't Invoke S.50 PMLA Against Private Citizens Who Are Not Even Suspects
7 months, 3 weeks ago

Delhi Court Raps ED For 'High-Handed Act', Says It Can't Invoke S.50 PMLA Against Private Citizens Who Are Not Even Suspects

Live Law  

The Delhi Court yesterday rapped the Enforcement Directorate and said that as an investigative agency, it is bound by the rule of law and cannot be seen as acting mighty against the ordinary citizen who is not even a suspect.Special Judge Vishal Gogne of Rouse Avenue Courts pulled up ED for invoking Section 50 of the Prevention of Money Laundering …

Delhi High Court Refuses To Entertain PIL Seeking 'Authoritative Interpretation' Of Section 66 Of PMLA
7 months, 3 weeks ago

Delhi High Court Refuses To Entertain PIL Seeking 'Authoritative Interpretation' Of Section 66 Of PMLA

Live Law  

The Delhi High Court on Monday refused to entertain a PIL seeking “authoritative interpretation” of Section 66 of PMLA, alleging that ED is pressurizing the police and CBI to file FIRs under predicate offence on the basis of the information shared by it with the agencies.A division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora granted …

Seizure of ₹3.99 crore | Madras High Court dismisses plea for a probe by ED under money laundering law
7 months, 4 weeks ago

Seizure of ₹3.99 crore | Madras High Court dismisses plea for a probe by ED under money laundering law

The Hindu  

The Madras High Court on Wednesday, April 24, 2024, dismissed a writ petition that sought a probe by the Enforcement Directorate with respect to the seizure of ₹3.99 crore from three train passengers at Tambaram railway station in Chennai on April 7, and another reported seizure of ₹28.5 lakh from the DMK Tirunelveli East district secretary’s office on April 4. …

PMLA case: ED must tell accused grounds of arrest, reaffirms top court
9 months ago

PMLA case: ED must tell accused grounds of arrest, reaffirms top court

Hindustan Times  

The Supreme Court has dismissed the Union government’s plea to reconsider its judgment that made it mandatory for the Enforcement Directorate to provide a copy of the grounds of arrest to accused in money laundering cases while adding that a mere verbal information would be construed as a breach of constitutional right of arrested persons. The Centre filed the review …

Vulnerable to criticism: On the ED and a possible violation of federal principles
9 months, 3 weeks ago

Vulnerable to criticism: On the ED and a possible violation of federal principles

The Hindu  

The structure of the law against money laundering is bound to throw up perplexing questions about the possible violation of federal principles. One such question has arisen in Tamil Nadu, where the Enforcement Directorate is trying to find out whether illegal sand mining in the State is due to corruption and if the “proceeds” are being laundered. In ruling that …

SC asks five TN district collectors to appear before ED in probe related to illegal sand mining
9 months, 3 weeks ago

SC asks five TN district collectors to appear before ED in probe related to illegal sand mining

New Indian Express  

While allowing the ED appeal, and refusing to upheld the HC order, the bench in its order noted that the Tamil Nadu's writ petition before the HC against the summons was prima facie appeared to be 'misconstrued' and based on a 'misconception of the law'. It in its order, the Apex Court held that prima facie under section 50 of …

Balaji says money-laundering plaint devoid of merits, files fresh petition
10 months, 1 week ago

Balaji says money-laundering plaint devoid of merits, files fresh petition

New Indian Express  

CHENNAI : Former minister V Senthil Balaji filed a fresh petition in the Principal Sessions and Special Court for PMLA cases seeking to discharge him from the money-laundering case stating the complaint against him is devoid of merits. The discharge petition was filed on Friday, a day after the principal sessions court dismissed his petition to defer the trial until …

Senthilbalaji case | ED urges Madras High Court to order speedy trial, instead of granting bail
10 months, 1 week ago

Senthilbalaji case | ED urges Madras High Court to order speedy trial, instead of granting bail

The Hindu  

The Directorate of Enforcement has accused former Minister V. Senthilbalaji of intentionally stalling the commencement of trial in a money laundering case and urged the Madras High Court to order speedy trial instead of accepting his plea to grant bail until the completion of trial. ‘Comprise formula criticised by SC’ The ED also highlighted that the Supreme Court, High Court …

Delhi anti-Hindu riots: Court summons ED Special Director over non-appearance of prosecution in PMLA case against Tahir Hussain
1 year ago

Delhi anti-Hindu riots: Court summons ED Special Director over non-appearance of prosecution in PMLA case against Tahir Hussain

Op India  

Delhi’s Karkardooma Court on Tuesday summoned the Special Director of Enforcement Directorate over the non-appearance of Prosecution in a money laundering case against Aam Aadmi Party’s former Councillor Tahir Hussain. On January 11, 2023, the court framed the charges against ex-MCD councillor Tahir Hussain in a money laundering case. The Delhi High Court had dismissed his plea challenging the trial …

ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence : Supreme Court
1 year ago

ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence : Supreme Court

Live Law  

In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA. Though the offences …

SC to hear petitions challenging its order upholding PMLA provisions tomorrow
1 year, 2 months ago

SC to hear petitions challenging its order upholding PMLA provisions tomorrow

Live Mint  

Supreme Court on Wednesday will hear the batch of petitions challenging the July 2022 judgment of the apex court which upheld the provisions of the Prevention of Money Laundering Act. Delhi excise policy case: CBI, ED tells Supreme Court contemplating making AAP accused A special bench of Justice Sanjay Kishan Kaul, Justice Sanjiv Khanna, and Justice Bela M. Trivedi will …

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court
1 year, 2 months ago

PMLA | Freezing Order Under Section 17(1-A) Not Valid If ECIR Quashed & FIR Not Registered: Kerala High Court

Live Law  

The Kerala High Court recently laid down that where the Enforcement Case Information Report has been quashed and no subsequent FIR has been registered against the accused, further proceedings under the Prevention of Money Laundering Act shall be dropped and an order issued under Section 17 would not stand. The counsel argued that since Section 420 IPC is one of …

PMLA Does Not Postulate Separate ‘Reason To Believe’ For Each Property Attached Provisionally Under Section 5: Delhi High Court
1 year, 3 months ago

PMLA Does Not Postulate Separate ‘Reason To Believe’ For Each Property Attached Provisionally Under Section 5: Delhi High Court

Live Law  

The Delhi High Court has observed that the Prevention of Money Laundering Act, 2002, does not postulate a separate “reason to believe” for each property which stands attached under the provisional attachment order passed under Section 5 of the enactment. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad made the observation while dismissing an appeal …

Agra varsity answer sheets case:ED gets extended custody of 3 key accused till Aug 3
1 year, 4 months ago

Agra varsity answer sheets case:ED gets extended custody of 3 key accused till Aug 3

Hindustan Times  

Lucknow The Enforcement Directorate custody of key accused David Mario Denis,, Rahul Parashar, Samajwadi Party student leader of Agra district and Denis’s employee Devendra Singh was extended for six more days here on Friday, confirmed senior ED Lucknow unit officials. A case under Prevention of Money Laundering Act was registered against them by the ED, taking cognizance of police complaint …

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order
1 year, 5 months ago

PMLA case: SC seeks ED's reply on TN minister Senthil Balaji's plea against HC order

Deccan Chronicle  

New Delhi: The Supreme Court on Friday sought response from the Enforcement Directorate on the pleas of Tamil Nadu Minister V Senthil Balaji and his wife Megala challenging the July 14 order of the Madras High Court upholding his arrest by the probe agency in a money laundering case. Besides upholding the arrest of the minister, the high court had …

Supreme Court Dismisses ED’s Challenge To Bail Granted To Former Mumbai Police Commissioner Sanjay Pandey In Phone Tapping Case
1 year, 7 months ago

Supreme Court Dismisses ED’s Challenge To Bail Granted To Former Mumbai Police Commissioner Sanjay Pandey In Phone Tapping Case

Live Law  

The Supreme Court, on Monday, dismissed a plea filed by the Directorate of Enforcement challenging the order of the Delhi High Court granting bail to former Mumbai Police Commissioner Sanjay Pandey in a money laundering case related to the alleged illegal phone tapping of employees by National Stock Exchange.A Bench comprising Justice SK Kaul and Justice Ahsanuddin Amanullah found no. …

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action
1 year, 7 months ago

‘Repeated Use Of Template Paragraphs Impermissible’: Delhi High Court Warns PMLA Adjudicating Authority Of Action

Live Law  

The Delhi High Court had warned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 to not use “disconcerting language” in its orders and said that repeated use of “template paragraphs” is not permissible. Justice Prathiba M Singh directed the Appellate Tribunal under PMLA to ensure that the Adjudicating Authority abides by the principles of natural. Justice Prathiba M …

No offence under PMLA against me in excise case: Manish Sisodia submits in court
1 year, 8 months ago

No offence under PMLA against me in excise case: Manish Sisodia submits in court

Hindustan Times  

Former Delhi deputy chief minister Manish Sisodia on Wednesday submitted before a Delhi court that no offence under the Prevention of Money Laundering Act is made out in the money laundering case registered by the Enforcement Directorate in relation to the Delhi liquor excise policy 2021-2022. “When your lordship sees the allegations made against me through the lens of Section …

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA
1 year, 8 months ago

Supreme Court issues notice to Centre, ED on plea challenging Sections 50 & 63 of PMLA

India Today  

The Supreme Court on Tuesday issued notice to the Centre and the Enforcement Directorate on a petition that has challenged the constitutionality of Section 50 and Section 63 of the Prevention of Money Laundering Act, 2022. READ | Explained: Supreme Court's big verdict on Prevention of Money Laundering Act During a brief hearing, senior advocate Kapil Sibal appeared for Singh …

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial
1 year, 9 months ago

Gujarat High Court Upholds Trial Court's Decision To Not Discharge Ex-IAS Officer Pradeep Sharma In Money Laundering Case, Orders Expeditious Trial

Live Law  

The Gujarat High Court recently refused to interfere with the order of trial court rejecting former IAS Officer Pradeep Sharma's application for discharge in a case under Prevention of Money Laundering Act. The single judge bench of Justice Samir J. Dave observed: “While rejecting the discharge application of the applicant, learned trial court has specifically observed that on the basis …

PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC
1 year, 11 months ago

PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC

Live Law  

The Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. "Taking into account the provisions of Section 65 of the PMLA, 2002 it can be held that if …

No relief to TRS MP Nama Nageshwar Rao in ED case
2 years ago

No relief to TRS MP Nama Nageshwar Rao in ED case

Deccan Chronicle  

Hyderabad: The Telangana High Court on Friday refused to give relief to TRS Khammam MP Nama Nageswara Rao in a case filed by the Enforcement Directorate on Ranchi Expressway Limited, a subsidiary of Madhucon Group, which was accused for allegedly causing loss of around Rs 1,000 crore to a consortium of banks led by Canara Bank. Nageswara Rao had filed …

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court
2 years ago

Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court

Live Law  

The Calcutta High Court on Monday held that once a regular case of "scheduled offence" is quashed, any subsequent case registered under Prevention of Money Laundering Act will also automatically stand quashed. As regards the parallel criminal proceeding arising out of an FIR instituted under Sections 420/120B IPC read with S. 13 of PMLA, being a "scheduled offence" within the …

PMLA proceedings stayed on Rs 73 cr letter of credit
2 years ago

PMLA proceedings stayed on Rs 73 cr letter of credit

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court stayed all further proceedings with respect to Varanasi Dileep in a case under Section 3 and 4 of Prevention of Money Laundering Act pertaining to a Rs 73 crore bogus letter of credit fraud. The Enforcement Directorate had initiated the money-laundering investigation into the petitioner and Khagesh Kachhwal on basis of …

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court
2 years, 1 month ago

PMLA Prosecution Cannot Continue If Accused Is Discharged From The Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that the prosecution under the Prevention of Money-Laundering Act cannot continue if the accused is discharged from the scheduled offence.The court observed thus while allowing a writ petition filed by one Indrani Patnaik and others. "The record as it stands today, the petitioners stand discharged of the scheduled offence and therefore, in view of the law …

Madras HC refuses to discharge DMK minister V Senthil Balaji from ED case
2 years, 1 month ago

Madras HC refuses to discharge DMK minister V Senthil Balaji from ED case

Op India  

On Monday, the Madras High Court refused to release DMK leader and Tamil Nadu Electricity Minister V Senthil Balaji from a case filed against him by the Enforcement Directorate under the clauses of the Prevention of Money Laundering Act. Justice V Sivagnanam retained the ED proceedings while rejecting Senthil Balaji’s petition to be released from the case, which arose out …

PMLA Case: Delhi High Court Seeks ED's Response On Satyendar Jain's Plea Against Transfer Of Proceedings
2 years, 2 months ago

PMLA Case: Delhi High Court Seeks ED's Response On Satyendar Jain's Plea Against Transfer Of Proceedings

Live Law  

The Delhi High Court on Monday issued notice on Aam Aadmi Party leader Satyendar Jain's plea challenging the transfer of proceedings against him in a money laundering case from a Special Court to another judge, last week. Justice Yogesh Khanna also ordered the probe agency to file a short response to the plea, while posting the matter for final disposal …

[PMLA Case] Delhi Court Allows ED's Plea Seeking Transfer Of Proceedings Against Satyendar Jain
2 years, 3 months ago

[PMLA Case] Delhi Court Allows ED's Plea Seeking Transfer Of Proceedings Against Satyendar Jain

Live Law  

A Delhi Court on Friday allowed the application moved by Enforcement Directorate for transfer of the money laundering proceedings against Aam Aadmi Party leader Satyendar Jain from a Special Court.Principal District & Sessions Judge Vinay Kumar Gupta pronounced the order after reserving it yesterday. A Delhi Court on Friday allowed the application moved by Enforcement Directorate for transfer of the …

SC to review PMLA verdict which upheld ED\'s powers, sends notice to Centre
2 years, 3 months ago

SC to review PMLA verdict which upheld ED\'s powers, sends notice to Centre

Deccan Chronicle  

New Delhi: The Supreme Court on Thursday agreed to examine a plea seeking a review of the PMLA verdict which upheld the Enforcement Directorate's powers, including those relating to arrest, and sought response from the Centre on the issue. A bench headed by Chief Justice N V Ramana said prima facie two issues, including not providing Enforcement Case Information Report, …

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA
2 years, 3 months ago

SC Agrees to Relook Its July 27 Verdict Upholding ED's Power to Arrest Under Stringent PMLA

News 18  

The Supreme Court on Wednesday agreed to take a relook at its July 27 PMLA judgment upholding Enforcement Directorate’s power to arrest under the stringent law. The Supreme Court was hearing a review petition on its verdict on the money laundering Act — Prevention of Money Laundering Act — days after it upheld ED power to arrest under the stringent …

Plea In Supreme Court Seeks Review Of Its PMLA Judgment
2 years, 4 months ago

Plea In Supreme Court Seeks Review Of Its PMLA Judgment

Live Law  

A review petition has been filed before the Supreme Court against its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002. The Court also upheld the reverse burden of proof under Section 24 of …

S.420 IPC Not Attracted In Absence Of Specific Allegation That Dishonest/ Fraudulent Intention Existed Since Inception: Karnataka High Court
2 years, 5 months ago

S.420 IPC Not Attracted In Absence Of Specific Allegation That Dishonest/ Fraudulent Intention Existed Since Inception: Karnataka High Court

Live Law  

The Karnataka High Court has said that in order to constitute the offence of Cheating punishable under Section 420 of Indian Penal Code, there must be specific allegation that from inception, there must be a dishonest intention on the part of the accused to cheat the complainant. The prosecution and the respondent no 2, opposed the plea saying that petitioner …

Will Supreme Court ruling on PMLA help Rahul, Sonia in National Herald case?
2 years, 6 months ago

Will Supreme Court ruling on PMLA help Rahul, Sonia in National Herald case?

India Today  

As the Enforcement Directorate summoned Rahul Gandhi for a second day in National Herald case, Congress leaders have raised questions about the FIR on the basis of which a probe under the Prevention of Money Laundering Act is being conducted. Even otherwise, it is incumbent upon the court to look into the allegation and the material collected in support thereto …

In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court
2 years, 7 months ago

In PMLA Cases, Courts Cannot Proceed On The Basis Of Preponderance Of Probabilities: Supreme Court

Live Law  

The Supreme Court has observed that in cases of PMLA, Court cannot proceed on the basis of preponderance of probabilities. The Top Court had rendered this observation while considering a criminal appeal assailing Madras High Court's order dated February 4, 2021 wherein the High Court while dismissing the petition u/s 482 of CrPC held that the appellant's argument that the …

Supreme Court Dismisses Nawab Malik's Plea Challenging ED Arrest In Money Laundering Case
2 years, 8 months ago

Supreme Court Dismisses Nawab Malik's Plea Challenging ED Arrest In Money Laundering Case

Live Law  

The Supreme Court on Friday dismissed the Special Leave Petition filed by Maharashtra Minister Nawab Malik challenging his arrest by the Enforcement Directorate under Prevention of Money Laundering Act.The bench of Justices DY Chandrachud and Surya Kant dismissed Malik's petition, which was filed against an order of the Bombay High Court which refused him interim relief in the. The Supreme …

Supreme Court Agrees To Grant Urgent Listing For Nawab Malik's Plea Against ED Arrest
2 years, 8 months ago

Supreme Court Agrees To Grant Urgent Listing For Nawab Malik's Plea Against ED Arrest

Live Law  

The Supreme Court on Wednesday agreed to grant urgent listing to the petition filed by Maharashtra Minister Nawab Malik challenging his arrest by the Enforcement Directorate under the Prevention of Money Laundering Act.Senior Advocate Kapil Sibal requested the Chief Justice of India NV Ramana to grant urgent listing for the petition. The Supreme Court on Wednesday agreed to grant urgent …

PMLA case: Bombay HC rejects interim bail plea of Nawab Malik
2 years, 9 months ago

PMLA case: Bombay HC rejects interim bail plea of Nawab Malik

India Today  

The Bombay High Court on Tuesday rejected the interim bail application filed by Maharashtra Cabinet minister and Nationalist Congress Party leader Nawab Malik in connection with a money laundering case. A bench of Justices PB Varale and SM Modak was hearing a habeas corpus plea filed by Nawab Malik's lawyers against the NCP leader's arrest by the Enforcement Directorate last …

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