Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority
1 year, 1 month ago

Madras High Court Quashes ED's Provisional Attachment Order, Says Neither Notice Given To Party Nor Order Confirmed By Adjudicating Authority

Live Law  

The Madras High Court has recently set aside a provisional attachment order made by the Deputy Director of ED and confirmed by the adjudicating authority after noting that the provisional attachment was not made per law. The court was hearing two pleas challenging the provisional attachment order and the entries made in the encumbrance certificate. The court was informed that the petitioners had purchased the property in 2008 while the provisional attachment order was made in 2011. the court, thus set aside the provisional attachment order with respect to the petitioners' property.

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History of this topic

Madras High Court Weekly Round-Up: March 10 to March 16, 2025
6 days, 2 hours ago

Madras High Court Weekly Round-Up: March 10 to March 16, 2025

Live Law  

Citations: 2025 LiveLaw 96 To 2025 LiveLaw 106 NOMINAL INDEX Kamalesh Chandrasekaran v. MA Noor Jehan Beevi and Others, 2025 LiveLaw 96 S Shankar v. The Deputy Director, 2025 LiveLaw 97 United India Insurance v. State of Tamil Nadu and Others, 2025 LiveLaw 98 A Devika v. The Senior Branch Manager and Another, 2025 LiveLaw 99 M. Gunasekaran v. The …

Madras HC stays ED order attaching film director’s properties
Trending News
1 week, 4 days ago

Madras HC stays ED order attaching film director’s properties

Hindustan Times  

In a relief for Tamil film director S Shankar, the Madras high court on Tuesday stayed the Enforcement Directorate’s order passed on February 17 that allowed provisionally attaching three of his properties of worth more than ₹10 crore over a copyright dispute under the Prevention of Money Laundering Act. The bench of justice MS Ramesh and justice N Senthilkumar stayed …

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC
4 months ago

Adjudicating Authority's Inaction To Dispose Of Proceedings Can't Be Attributed To Taxpayer In Absence Of Any Malice On His Part: Bombay HC

Live Law  

The Bombay High Court ruled that when the Revenue Dept. Finding that the Authority had passed the final order after a lapse of more than 16 years from the date of CESTAT's order, the Division Bench of Justice Ashwin D. Bhobe and Justice M.S Sonak observed that such inordinate delay in the conclusion of show cause notice will surely prejudice …

Madras High Court Impleads Registrar General In Suo Motu Revision Petitions Against Acquittal Of Minister K Ponmudi
1 year, 3 months ago

Madras High Court Impleads Registrar General In Suo Motu Revision Petitions Against Acquittal Of Minister K Ponmudi

Live Law  

The Madras High Court has impleaded the Registrar General in the suo motu revision petition taken up against the acquittal of TN Minister K Ponmudi and his wife in a disproportionate assets case. Justice G Jayachandran observed that since the single judge had questioned the procedure adopted in transferring the case to a different Court which was essentially an administrative …

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court
1 year, 3 months ago

Orders Passed Under S.194 CrPC Purely Administrative, Cannot Be Questioned Unless Apparently Illegal: Madras High Court

Live Law  

The Madras High Court recently observed that the orders passed under Section 194 of the Code of Criminal Procedure are purely administrative in nature and cannot be challenged unless they are apparently illegal and passed without any application of mind. Justice G Ilangovan of the Madurai bench dismissed a plea preferred by an accused seeking for transfer of his trial …

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court
1 year, 9 months ago

Externment Order Not Valid If Competent Authority Fails To Consider Objective Material Or Record Subjective Satisfaction: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that consideration of objective material and subjective satisfaction of the competent authority is necessary before passing an order of externment. A single judge bench of Justice T G Shivashankare Gowda partly allowed the petition filed by one Mali Rizwan and quashed the order of Sub-divisional Magistrate, externing him from the limits of …

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]
1 year, 11 months ago

Madras High Court Monthly Digest - March 2023 [Citations 68 to 108]

Live Law  

Citations: 2023 LiveLaw 68 To 2023 LiveLaw 108 NOMINAL INDEX State of Tamil Nadu and others v. The Correspondent, 2023 LiveLaw 68 2023 LiveLaw 69 Dr. C Vijayabhaskar v. State of Tamil Nadu, 2023 LiveLaw 70 State v. Dadayutham @ Kannan and others, 2023 LiveLaw 71 Star Channel v. The Secretary to the Government and others, 2023 LiveLaw 72 Dr. …

Attachment By Tax Dept. Subsequent To A Mortgage Favouring Secured Creditors Has No Legs: Madras High Court
2 years, 3 months ago

Attachment By Tax Dept. Subsequent To A Mortgage Favouring Secured Creditors Has No Legs: Madras High Court

Live Law  

The Madras High Court has held that the orders of attachment passed by the Tax Recovery Officer or Income Tax Department were subsequent to the mortgage created in favour of the secured creditors and have no legs.The division bench of Justice R. Mahadevan and Justice Mohammed Shaffiq has observed that even if recovery proceedings are quashed for any reason, the …

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court
2 years, 4 months ago

Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8 of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise …

Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court
2 years, 5 months ago

Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court on Tuesday observed that Section 8 of the PMLA Act clearly provides that the authorized officer can forthwith take over possession of the attached property once the order of provisional attachment is confirmed by the Adjudicating Authority. The moot question that sought adjudication from the bench was whether the Director or any …

GST Dept. Made Attachment Without Recording Opinion And Referring To Any Tangible Material: Allahabad High Court Imposes Cost
2 years, 6 months ago

GST Dept. Made Attachment Without Recording Opinion And Referring To Any Tangible Material: Allahabad High Court Imposes Cost

Live Law  

The Allahabad High Court has held that the department has neither recorded the opinion nor referred to any tangible material which necessitated him to pass the provisional attachment order to protect the interest of the government revenue. The issue raised was whether the order of provisional attachment could be passed by complying with the conditions of forming an opinion, having …

PMLA judgment on property seizure by ED leaves scope for arbitrary application, says Supreme Court
2 years, 6 months ago

PMLA judgment on property seizure by ED leaves scope for arbitrary application, says Supreme Court

India Today  

A Supreme Court bench led by Chief Justice of India NV Ramana has opined that the Supreme Court's interpretation of Section 8 of the Prevention of Money Laundering Act, while upholding the provision's constitutionality in its recent PMLA judgement, has left much room for arbitrary application. "In Vijay Madanlal Choudary & Ors v. Union of India, this court dealt with …

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court
2 years, 8 months ago

PMLA | 180 Days Period Of Provisional Attachment Not Extended By SC Orders Extending Limitation During Covid-19: Calcutta High Court

Live Law  

The Calcutta High Court has held that the Supreme Court's suo moto orders extending the period of limitation during the Covid-19 pandemic do not apply and will not extend the 180 days period prescribed for provisional attachment of property under Section 5 of the Prevention of Money-Laundering Act, 2002.A single judge bench of Justice Moushumi Bhattacharya was hearing the plea …

Explained: What happens when ED attaches a property
2 years, 11 months ago

Explained: What happens when ED attaches a property

Op India  

Recently, the Enforcement Directorate or the ED was in the news for attaching properties of various Maharashtra leaders and their affiliates after recording provisions of the Prevention of Money Laundering Act in different cases. On March 22, the ED provisionally attached immovable properties belonging to Maharashtra CM Uddhav Thackeray’s brother-in-law Shridhar Patankar worth Rs 6.45 crore. It was for tainted …

Provisional Attachment Not To Hamper Normal Business Activities: Gujarat High court Quashes Attachment Order
2 years, 11 months ago

Provisional Attachment Not To Hamper Normal Business Activities: Gujarat High court Quashes Attachment Order

Live Law  

The Gujarat High Court bench of Justice J.B. Pardiwala and Justice Nisha M. Thakore has held that the provisional attachment should not hamper normal business activities of the taxable person. The assessee submitted that apart from the properties, the department has also seized the mobile phone, laptop, and other documents from the business premises of the writ applicants by passing …

GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Delhi High Court
3 years ago

GST Provisional Attachment Order Not Valid After Expiry Of 1 Year: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manmohan and Justice Sudhir Kumar Jain has held that every provisional attachment order ceases to have effect after the expiry of a period of one year from the date the order was passed under Section 83 of the CGST Act. The court noted that after the issuance of the letter dated December 7, …

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court
3 years, 1 month ago

PMLA - Quashing Of Provisional Attachment Will Not Impact Adjudication Proceedings Before Adjudicating Authority : Supreme Court

Live Law  

The Supreme Court has observed that High Court's order of setting aside the provisional attachment order does not per se nullify the adjudication proceedings under Prevention of Money Laundering Act, 2002 and that the Adjudicating Authority can proceed for taking it to its logical end in accordance with law.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a. …

Benami Property Transactions Act| Validity Of Order Passed By Adjudicating Authority Not Negated By Procedural Delay To Despatch: Madras HC
3 years, 1 month ago

Benami Property Transactions Act| Validity Of Order Passed By Adjudicating Authority Not Negated By Procedural Delay To Despatch: Madras HC

Live Law  

In a recent judgment, Madras High Court has held that a reasonable delay in communication of the order will not be counted as non-compliance of the limitation prescribed under Section 26 of the Prohibition of Benami Property Transactions Act, 1988. Since the application of the limitation period is uninfluenced by such delay, the court has also clarified that the delay …

PMLA Authority Can Pass Order On Attachment Of Anil Deshmukh's Assets Worth 4.2 crore, But No- Coercive Steps Till January 10 : Bombay High Court
3 years, 3 months ago

PMLA Authority Can Pass Order On Attachment Of Anil Deshmukh's Assets Worth 4.2 crore, But No- Coercive Steps Till January 10 : Bombay High Court

Live Law  

The Bombay High Court on Friday allowed the Adjudicating Authority under Prevention of Money Laundering Act to pass an order regarding attachment of assets belonging to former Home Minister Anil Deshmukh and his family but directed that no coercive steps should be taken till January 10 or without the HC's permission. The court was hearing Anil Deshmukh's wife – Aarti's …

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]
6 years, 8 months ago

Attachment Before Judgment: Kerala HC Clarifies That Order On Claim Petition Is Appealable As Decree [Read Order]

Live Law  

The High Court of Kerala has clarified that an order adjudicating a claim over a property under attachment before judgment is appealable as if it was a decree. The clarification was made by a division bench comprising Justice V Chitambaresh and Justice Narayana Pisharadi, answering a reference whether such an order could be challenged in an original petition under Article …

Supreme Court upholds property attachment of defaulting Tamil Nadu firm
7 years, 10 months ago

Supreme Court upholds property attachment of defaulting Tamil Nadu firm

Deccan Chronicle  

New Delhi: The Supreme Court has upheld the interim order passed by the Tamil Nadu government in December 2012 attaching the immovable properties of the partners of Financial Establishment under the Tamil Nadu Protection of Interests of Depositors Act. Allowing an appeal from the State, the Bench said the Statement of Objects as well as the relevant provisions of the …

ED move to attach Sun TV assets stayed by SC
9 years, 7 months ago

ED move to attach Sun TV assets stayed by SC

The Hindu  

The Supreme Court on Friday stayed the Enforcement Directorate’s attachment proceedings before the Adjudicating Authority under the money laundering law against Sun TV assets in connection with the Aircel-Maxis case. Order under PMLA The ED had ordered provisional attachment of assets of Sun TV worth Rs.742 crore allegedly linked to the Aircel-Maxis deal. The Sun TV, represented by senior advocate …

HC reserves order on Sun TV petition against ED attachment
9 years, 9 months ago

HC reserves order on Sun TV petition against ED attachment

The Hindu  

The Madras High Court on Tuesday reserved its order on the petitions filed by Sun TV and Kal Comm Pvt Ltd, challenging the attachment of two of its properties by the Enforcement Directorate in connection with the Aircel Maxis case. Raman contended that the properties were acquired much before the investigating agencies commenced their probe into the Aircel Maxis case …

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI
11 years, 9 months ago

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI

Live Law  

The Madras High Court has held that information relating to "internal matters of High Court" cannot be disclosed to public under the Right to Information Act. A two judge Bench comprising Justices Elipe Dharma Rao and M Venugopal noted that if such information is disclosed, "It will definitely make an inroad to the proper, serene function of the Hon'ble High …

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI
11 years, 9 months ago

Madras High Court rules "Internal Matters of High Court" cannot be disclosed under RTI

Live Law  

The Madras High Court has held that information relating to "internal matters of High Court" cannot be disclosed to public under the Right to Information Act. A two judge Bench comprising Justices Elipe Dharma Rao and M Venugopal noted that if such information is disclosed, "It will definitely make an inroad to the proper, serene function of the Hon'ble High …

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