Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]
6 years ago

Delhi HC Dismisses Jairam Ramesh's Challenge To Amendments In PMLA Through Money Bill [Read Order]

Live Law  

The Delhi High Court on Thursday dismissed a petition moved by Congress MP Jairam Ramesh challenging the amendments made to the anti-money laundering law since 2015 enacted via Finance Acts as 'Money Bills. A bench of Chief Justice Rajendra Menon and Justice V Kameswar Rao dismissed Ramesh's petition seeking to declare and set aside sections 145, 146, 147, 148, 149, 150 and 151 of the Finance Act, 2015, Section 232 of the Finance Act, 2016 and Section 208 of the Finance Act, 2018 as ultra-vires the Constitution of India. However, from the year 2015 most amendments to the PML Act have been enacted via Finance Acts as 'Money Bills', defined under Article 110 of the Constitution. However, on a specific query from the Court as to why Ramesh, being a Parliamentarian, was challenging the amendments effected in the years 2015, 2016 and 2018 now in the year 2019, Chidambram had submitted that the petitioner was not aware that such Bills were passed as Money Bills and that it was only after the information was taken under Right to Information Act, the picture became clear that the amendments of 2015, 2016 and 2018 were passed as Money Bills.

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History of this topic

Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024
1 month, 2 weeks ago

Prevention Of Money Laundering Act (PMLA): All India Annual Digest 2024

Live Law  

Whether the High Court was justified in quashing the summons issued to the respondent merely on the premise that the respondent was discharged in the predicate offence. Bombay High Court Grants Bail To Accused In ₹6606 Crore Bitcoin Fraud Case, Cites Her Being A Woman, Mother Of Six-Yr-Old Case Title: Simpy Bhardwaj vs Union of India Citation: 2024 LiveLaw 522 …

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments
8 months, 1 week ago

CJI Chandrachud agrees to list petitions challenging Money Bill route for contentious amendments

The Hindu  

Chief Justice of India D.Y. Chandrachud on July 15 agreed to list petitions challenging the Money Bill route taken by the Centre to pass contentious amendments in the Parliament. The Money Bill question was referred to a seven-judge Bench in November 2019 by a five-judge Bench headed by Chief Justice Ranjan Gogoi in the case of Rojer Mathew vs. South …

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud
8 months, 1 week ago

Will Take A Call On Hearing Money Bill Issue Soon : CJI DY Chandrachud

Live Law  

Chief Justice of India DY Chandrachud on Monday agreed to take a call on hearing the "money bill" issue soon. The majority judgment in Aadhaar case by Justice AK Sikri had held that the Aadhaar Bill in its pith and substance would pass the test of being a Money Bill. Justice Chandrachud, in his dissent in the Aadhaar judgment, referred …

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained
1 year, 5 months ago

Money Bill, AMU’s minority status, Quota within quota: The cases before the new CJI-led seven-judge Constitution Bench | Explained

The Hindu  

The story so far: A Bench led by Chief Justice of India D.Y. Other cases pertain to the contentious issue of the minority status of the Aligarh Muslim University, the passage of crucial laws such as the Aadhaar Act as a ‘Money Bill’, re-distribution of quota within the Scheduled Caste reservation on the basis of backwardness of communities, freedom of …

Supreme Court to hear review pleas against verdict upholding PMLA provisions on Oct 18
1 year, 6 months ago

Supreme Court to hear review pleas against verdict upholding PMLA provisions on Oct 18

India Today  

The Supreme Court will on October 18 take up petitions challenging the 2022 judgment that had upheld the provisions of the Prevention of Money laundering Act. During the hearing in the Delhi liquor scam case of Bharat Rashtra Samithi leader K Kavitha, a bench headed by Justice SK Kaul said, "The special bench to hear review petitions on PMLA provisions …

Petitions against two PMLA provisions need to stop: Supreme Court
1 year, 9 months ago

Petitions against two PMLA provisions need to stop: Supreme Court

Hindustan Times  

The Supreme Court on Monday said the trend of filing petitions challenging the constitutional validity of certain provisions of the Prevention of Money Laundering Act must stop, even as it decided to take up on Tuesday a batch of petitions filed by persons facing a probe in the alleged Chhattisgarh liquor scam case. “You are challenging the vires of Section …

S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court
2 years, 1 month ago

S. 124 of Finance Act, 2019 Not Violative of Article 14: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has upheld the constitutional validity of Sections 124 and 130 of the Finance Act, 2019, which deal with the ‘Vivad se Vishwas Scheme’, dismissing the contention that the said provisions were violative of Article 14 of the Constitution of India since they deny refund to the assessee/ declarant even if the amount already deposited …

SC upholds ED\'s powers under stringent PMLA
2 years, 7 months ago

SC upholds ED\'s powers under stringent PMLA

Deccan Chronicle  

New Delhi: The Supreme Court on Wednesday upheld the validity of various stringent provisions of the Prevention of Money Laundering Act empowering the Enforcement Directorate to arrest, provisionally attach properties suspected to be the proceeds of crime and is not bound to supply a copy of the ECIR at the time of detaining an accused in a money laundering case. …

PMLA amendments | Money Bill verdict holds the key
2 years, 7 months ago

PMLA amendments | Money Bill verdict holds the key

The Hindu  

The future of several conclusions in the Supreme Court’s judgment on July 27, upholding amendments giving the Enforcement Directorate almost blanket powers under the Prevention of Money Laundering Act of 2002, may depend on the final outcome of a reference made to a seven-judge Bench in 2019. The court has left it open for a seven-judge Bench to decide whether …

Money laundering: SC upholds ED’s power to arrest under PMLA
2 years, 7 months ago

Money laundering: SC upholds ED’s power to arrest under PMLA

Live Mint  

The Supreme Court has upheld the power bestowed upon the Enforcement Directorate to arrest under the Prevention of Money Laundering Act. The Supreme Court announced on July 15 that its decision regarding the arguments against the Prevention of Money Laundering Act's provisions is "nearly ready." Mufti contested Section 50's constitutionality as well as any ancillary sections of the 2002 Prevention …

Supreme Court to deliver verdict on pleas against Money Laundering Act today
2 years, 7 months ago

Supreme Court to deliver verdict on pleas against Money Laundering Act today

Hindustan Times  

The Supreme Court on Wednesday will deliver its judgment on a clutch of petitions challenging the validity of a slew of stringent provisions added to the Prevention of Money Laundering Act. A bench, headed by justice AM Khanwilkar, will pronounce its verdict on a spectrum of issues pertaining to the rigorous provisions enunciated under PMLA and the wide powers accorded …

EXPLAINER -PMLA
3 years, 1 month ago

EXPLAINER -PMLA

The Hindu  

The story so far: The draconian Prevention of Money Laundering Act of 2002 has evolved as the Government’s “hatchet” law in recent years, considering the series of raids and arrests of politicians, their relatives, and activists. The statement of objects and reasons of the PMLA Bill of 1999 refers to various international conventions and instruments dealing primarily with money laundering …

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 …

Prevention Of Money Laundering Act, 2002: An Inherently Flawed Legislation?
4 years, 11 months ago

Prevention Of Money Laundering Act, 2002: An Inherently Flawed Legislation?

Live Law  

Money laundering is a process of projection of tainted money as an untainted one. Director of enforcement, Delhi high court held that after the acquittal of a person from a scheduled offence, his trial for an offence under section 3 of PMLA would not survive while observing that it was hard to imagine as to how a trial for an …

Money laundering law prevails over Bankruptcy Act, insolvency code: HC
5 years, 11 months ago

Money laundering law prevails over Bankruptcy Act, insolvency code: HC

Live Mint  

New Delhi: The Delhi High Court has held that the money laundering law, PMLA, prevails over the Bankruptcy Act and insolvency code when it comes to attachment of properties obtained as "proceeds of crime". The court said the Prevention of Money Laundering Act, Recovery of Debt and Bankruptcy Act, Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest …

[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG
5 years, 11 months ago

[Tribunals- Day-2] If Your Lordships Finds Speaker's Certificate Invalid, Whole Finance Act With Amendments To All Statutes Will Go":AG

Live Law  

In his turn, Attorney General K. K. Venugopal on Thursday defended the passage of the Finance Act of 2017 as a Money Bill in circumvention of the Rajya Sabha. The certification of the Speaker is not for any part of the Act but for the entire Finance Bill.Suppose a situation arises that the Rajya Sabha is unable to pass the …

Political Funding: SC Issues Notices To Centre, EC On PIL Challenging Finance Act Amendments [Read Petition]
7 years, 5 months ago

Political Funding: SC Issues Notices To Centre, EC On PIL Challenging Finance Act Amendments [Read Petition]

Live Law  

The Supreme Court on Tuesday issued notices to the Centre and Election Commission of India on a petition filed on behalf of Association of Democratic Reforms and Centre for Public Interest Litigation challenging various amendments made through the Finance Act 2017 and the Finance Act 2016 in the Companies Act, Income Tax Act, Representation of People’s Act, Reserve Bank of. …

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI
7 years, 6 months ago

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI

Live Law  

The Chief Justice Dipak Misra led bench today said it will first go through the crucial judgement on privacy before taking a call on Congress leader Jairam Ramesh's challenge to the Lok Sabha Speaker's decision to certify a bill to amend the Aadhaar law as a money bill.A nine judge constitution bench had declared privacy a fundamental right.The plea was …

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI
7 years, 6 months ago

Would Read Privacy Verdict Before Hearing Jairam Ramesh Plea: CJI

Live Law  

The Chief Justice Dipak Misra led bench today said it will first go through the crucial judgement on privacy before taking a call on Congress leader Jairam Ramesh's challenge to the Lok Sabha Speaker's decision to certify a bill to amend the Aadhaar law as a money bill.A nine judge constitution bench had declared privacy a fundamental right.The plea was …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]
7 years, 7 months ago

Jairam Ramesh Moves SC Against Diluting Of Rules On Appointments To Tribunals, Including NGT [Read Petition]

Live Law  

Congress MP Jairam Ramesh on Friday again moved the Supreme Court challenging the provisions of the Finance Act, 2017, which confers “uncanalised power on Central government” to provide for qualifications and conditions of service of members of various tribunals, especially the National Green Tribunal.In the petition, Ramesh challenged sections 182, 183, 184 and 185 of the Finance Act,. Congress MP …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC
7 years, 8 months ago

Any Appointments to 19 Tribunals Under Finance Act Would be Subject to Outcome of Challenge: Madras HC

Live Law  

The Madras High Court on Wednesday reportedly observed that all appointments to the 19 odd tribunals, under the purview of the impugned Finance Act and Rules, would be subject to the final order in the writ petition filed by the Madras Bar Association.The Bench comprising Chief Justice Indira Banerjee and Justice Bhavani Subbarayan, however, refused to stay the provisions. The …

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]
7 years, 9 months ago

Petition Filed In Madras HC Challenging Tribunal Provisions Of Finance Act, Notice Issued [Read Petition]

Live Law  

The High Court of Madras on Friday issued notice to the Central Government on a Petition challenging Sections 156 to 189 of the Finance Act, 2017 and the Tribunal, Appellate and other Authorities Rules, 2017. The notice was issued by a Bench comprising Chief Justice Indira Banerjee and Justice M. Sundar.Sections 156 to. The Rules have, therefore, been challenged on …

Fali Nariman, others write to Hamid Ansari on Finance Bill classification
7 years, 11 months ago

Fali Nariman, others write to Hamid Ansari on Finance Bill classification

Live Mint  

New Delhi: A group of eminent citizens, including noted jurist Fali S. Nariman, has written to vice president Hamid Ansari expressing concern over classification of the Finance Bill, 2017, as a money bill. The Finance Bill, 2017, includes 40 amendments to a number of Acts which have “far-reaching” consequences for not only several laws but the very nature of Indian …

Demonetisation: Delhi HC to hear plea against 'unconstitutional' currency ban
8 years, 4 months ago

Demonetisation: Delhi HC to hear plea against 'unconstitutional' currency ban

Firstpost  

Delhi High Court agreed to hear a plea against demonetisation, saying once the currency was invalidated then how could the government direct certain public utilities including hospitals and petrol pumps to accept old notes. New Delhi: Delhi High Court on Monday agreed to hear a plea against demonetisation, saying once the currency was invalidated then how could the government direct …

Jairam Ramesh moves Supreme Court against treating Aadhaar bill as money bill
8 years, 11 months ago

Jairam Ramesh moves Supreme Court against treating Aadhaar bill as money bill

The Hindu  

Senior Congress leader Jairam Ramesh has moved the Supreme Court challenging the decision to treat Aadhaar bill as a money bill, which was passed during Budget session in March 2016, overruling amendments moved in the Rajya Sabha. “Yesterday I have filed a writ petition in the Supreme Court challenging the decision to treat Aadhaar as a money bill,” Mr. Ramesh …

Prez gives assent to Money Laundering, Banking Laws bill
12 years, 2 months ago

Prez gives assent to Money Laundering, Banking Laws bill

India TV News  

New Delhi, Jan 10: The three financial sectors reforms laws, Prevention of Money Laundering Bill and Banking Laws Bill, 2012 have become law of the land with President Pranab Mukherjee giving assent to them. The Enforcement of Security Interest and Recovery of Debts Laws Bill, 2012 also got the President's assent, an official statement said in New Delhi. The Prevention …

Banking Bill not to be sent back to Select Committee
12 years, 3 months ago

Banking Bill not to be sent back to Select Committee

The Hindu  

Even as Finance Minister P. Chidambaram ruled out the possibility of referring the Banking Bill for the second time to the Standing Committee on Finance for further scrutiny, he expressed hope that the opposition BJP would cooperate in getting key economic reforms Bills passed in the ongoing winter session of Parliament. Two bills — Money Laundering Bill, 2011, and Enforcement …

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