Deposit Made Under Section 21(5) MMDRA For Illegal Mining Not "Proceeds Of Crime" Under PMLA : SC Expresses Prima Facie View
4 years ago

Deposit Made Under Section 21(5) MMDRA For Illegal Mining Not "Proceeds Of Crime" Under PMLA : SC Expresses Prima Facie View

Live Law  

The Supreme Court has expressed a prima facie view that deposit made under Section 21 of the Mines and Minerals Development and Regulation Act for unlawful mining cannot be treated as "proceeds of crime" under the Prevention of Money Laundering Act.A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari made this observation while hearing an application seeking to. The Supreme Court has expressed a prima facie view that deposit made under Section 21 of the Mines and Minerals Development and Regulation Act for unlawful mining cannot be treated as "proceeds of crime" under the Prevention of Money Laundering Act. A bench comprising Justices AM Khanwilkar and Dinesh Maheshwari made this observation while hearing an application seeking to restrain the Enforcement Directorate from proceeding against a deposit made under Section 21 of the MMDRA. "Prima facie, we find force in the argument that such deposit cannot be treated as proceeds of crime", the bench observed while issuing notice to the ED.

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History of this topic

Mere Initiation Of Proceedings Under Mine & Minerals Act Doesn't Debar Police From Lodging Case For Theft Of Sand/Minerals: Gujarat HC
2 months, 2 weeks ago

Mere Initiation Of Proceedings Under Mine & Minerals Act Doesn't Debar Police From Lodging Case For Theft Of Sand/Minerals: Gujarat HC

Live Law  

Referring to a Supreme Court order on illegal mining of sand/minerals, the Gujarat High Court reiterated that even if an offence under Mines and Minerals Act is made out on which magistrate cannot take cognizance without complaint by authorized officer, it however does not debar police from lodging a case for theft of sand/minerals. Justice Divyesh A Joshi in his …

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam
2 months, 3 weeks ago

Existence Of "Proceeds Of Crime" Is Pre-Condition For Money-Laundering: J&K High Court Quashes PMLA Complaints In Alleged ₹250 Cr Scam

Live Law  

Underscoring the necessity of the existence of "proceeds of crime" for constituting an offence under the Prevention of Money-Laundering Act, 2002 the Jammu and Kashmir and Ladakh High Court has reiterated that in the absence of such proceeds, no money-laundering offence could arise. The petitioners, who served as Chairman and Secretary, respectively, of the River Jehlum Co-operative House Building Society …

SC upholds right of States to impose taxes on mines, mineral-bearing lands
8 months, 1 week ago

SC upholds right of States to impose taxes on mines, mineral-bearing lands

New Indian Express  

NEW DELHI: In a setback to the Centre, the Supreme Court on Thursday held that royalty payable on minerals is not a tax and states have the legislative competence to impose taxes on mines and minerals-bearing lands. The verdict will boost the mineral-rich states like Jharkhand and Odisha as they urged the top court to decide on recovery of taxes …

‘Mining no crime under PMLA’: HC restrains ED action
8 months, 2 weeks 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 …

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

Very concept of offence of money laundering in PMLA is very wide: SC
3 years, 1 month ago

Very concept of offence of money laundering in PMLA is very wide: SC

The Hindu  

The Supreme Court on February 22 said the very concept of the offence of money-laundering in the Prevention of Money Laundering Act is “very wide” and any activity connected with the proceeds of crime is encompassed within the expression of Section 3 of the legislation. Section 3 of the PMLA says whosoever directly or indirectly attempts to indulge or knowingly …

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court
3 years, 1 month ago

PMLA Reverses Burden Of Proof Without Safeguards; Gives Unchecked Powers To ED To Take Over Properties : Singhvi To Supreme Court

Live Law  

The Supreme Court on Tuesday continued hearing the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002.The matter was listed before the bench of Justices AM Khanwilkar, Dinesh Maheshwari and CT Ravikumar.Submissions Of Senior Advocate AM SinghviSection 24 Gives Presumption Regarding The Offense Without Giving Any Safeguard With. Submissions Of Senior Advocate AM Singhvi …

Violators Cannot Be Permitted To Go Scot Free On Payment Of Penalty Only: Supreme Court On Compounding Of Offences U/s 23A Mines & Minerals Act
4 years, 3 months ago

Violators Cannot Be Permitted To Go Scot Free On Payment Of Penalty Only: Supreme Court On Compounding Of Offences U/s 23A Mines & Minerals Act

Live Law  

There must be some stringent provisions which may have deterrent effect so that the violators may think twice before committing such offences and before causing damage to the earth and the nature, remarked the Supreme Court while dealing with a case under Mines & Minerals Act.In this case, the Magistrate ordered registration of FIR. There must be some stringent provisions …

Magistrate Can Order Registration of FIR U/S 156(3) For Offences Under Mines And Minerals Act,No Bar U/S 22: Supreme Court
4 years, 3 months ago

Magistrate Can Order Registration of FIR U/S 156(3) For Offences Under Mines And Minerals Act,No Bar U/S 22: Supreme Court

Live Law  

The Supreme Court has observed that the bar under Section 22 of the Mines & Minerals Act, is not attracted when a Magistrate in exercise of powers under Section 156 of the Code of Criminal Procedure orders/directs the concerned Incharge/SHO of the police station to lodge/register crime case/FIR even for the offences under the MMDR Act and the Rules.The. The …

Due To Undesirable Human Interference With Forces Of Nature The Calamities Have Turned Into Harsh Realities: P&H HC Calls For Report On Illegal Sand Mining [Read Order]
4 years, 7 months ago

Due To Undesirable Human Interference With Forces Of Nature The Calamities Have Turned Into Harsh Realities: P&H HC Calls For Report On Illegal Sand Mining [Read Order]

Live Law  

The Punjab and Haryana High Court on Friday dismissed the anticipatory bail applications of 17 people booked in case FIR No.52 dated 26.05.2020 registered under Section 379 of the Indian Penal Code and Sections 21 and 4 of the Mines and Minerals Act, 1957 at Police Station Rahon, District SBS Nagar. The court further noted that Section 22 of the …

When Offence Under Mine And Minerals Act Is Compounded, Prosecution U/S 379 IPC Will Not Survive : Karnataka HC [Read Order]
5 years, 4 months ago

When Offence Under Mine And Minerals Act Is Compounded, Prosecution U/S 379 IPC Will Not Survive : Karnataka HC [Read Order]

Live Law  

Karnataka High Court has held that if the offence under the Mines and Minerals Act is compounded by collecting fine, prosecution under section 379, of Indian Penal Code, does not survive. Justice P B Bajanthri quashed the proceedings registered against Suresh K and Fransic @Manjunath Joseph at the Kadaba police station for the offence p/u/s 4 and. Justice P B …

Supreme Court imposes 100 pc penalty on illegal mining companies in Odisha
7 years, 7 months ago

Supreme Court imposes 100 pc penalty on illegal mining companies in Odisha

India TV News  

The Supreme Court on Wednesday said that mining companies in Odisha operating without environmental clearance will have to pay a 100 per cent penalty to the state on the price of illegally extracted iron and manganese ores with effect from 2000-01. "We make it clear that minerals extracted either without environmental clearance or without forest clearance or without both will …

Karnataka mining scam: Court attaches Janardhan Reddy's assets worth Rs 37.86 cr
10 years, 7 months ago

Karnataka mining scam: Court attaches Janardhan Reddy's assets worth Rs 37.86 cr

Firstpost  

The assets, which include a Rs 4 crore flat in Bangalore, a Rs 14 lakh house in Bellary, fixed deposits and cash in bank accounts, were attached by the Enforcement Directorate earlier this year under the provisions of the Prevention of Money Laundering Act. New Delhi: A special anti-money laundering court here has attached assets worth over Rs 37.86 crore …

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