Coal Block Case: Delhi High Court Quashes PMLA Case Against EMTA Coal After CBI Files Closure Report In 2015 FIR
1 year, 11 months ago

Coal Block Case: Delhi High Court Quashes PMLA Case Against EMTA Coal After CBI Files Closure Report In 2015 FIR

Live Law  

The Delhi High Court has quashed the ECIR and attachment orders passed by the Enforcement Directorate against EMTA Coal Limited and other individuals, observing that if there is an acquittal or discharge or a closure report has been filed in the predicate offence, the ECIR would not stand and the same would be liable to be quashed. The attachments orders passed by ED last year were stayed by the court in March and August 2022 after taking note of the submission that CBI has filed a closure report in the predicate offence. Reliance was placed on Vijay Madanlal Choudhary v. Union of India & Ors and Prakash Industries v. Directorate of Enforcement to argue that once the scheduled offence itself has come to an end resulting in discharge or acquittal and no proceedings are pending against the petitioners, the attachment orders cannot continue in view of the fact that section 3 of the PMLA contemplates that a predicate offence is a necessary precondition for any assets to be considered as “proceeds of crime.” The counsel representing the ED, while relying on Vijay Madanlal Choudhary, argued that irrespective of whether the predicate offence exists or not, unless and until the trial court comes to a conclusion that the assets are not proceeds of crime, the attachment orders can continue and the ED can file an independent complaint in such a case. "A perusal of the orders passed in Parvathi Kollur as also in the other three judgments referred above leaves no matter of doubt in the mind of the Court that if there is an acquittal/ discharge or a closure report has been filed in the predicate offence, the ECIR would not stand and the same would be liable to be quashed," it added.

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History of this topic

Supreme Court rejects TMC leader Abhishek Banerjee's plea over ED summons in West Bengal school jobs scam
3 months, 2 weeks ago

Supreme Court rejects TMC leader Abhishek Banerjee's plea over ED summons in West Bengal school jobs scam

India TV News  

The Supreme Court on Monday dismissed the plea by Trinamool Congress leader Abhishek Banerjee and his wife, Rujira Banerjee, challenging the Enforcement Directorate summons related to a money laundering investigation in the West Bengal school jobs scam. The ED maintained that the authority under the PMLA to summon individuals for investigation is broader and not limited by the procedural requirements …

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case
9 months ago

Delhi HC admits CBI's appeal challenging acquittal of former Minister A Raja, others in 2G scam case

New Indian Express  

NEW DELHI: The Delhi High Court on Friday admitted a CBI appeal challenging the acquittal of former telecom minister A Raja and others in the 2G spectrum allocation scam case. Justice Dinesh Kumar Sharma said that on the basis of the material on record and the submissions made by the lawyers for the parties, a prima facie case is made …

2G case | Delhi High Court to rule on March 22 on CBI’s plea against acquittal of A. Raja, others
9 months ago

2G case | Delhi High Court to rule on March 22 on CBI’s plea against acquittal of A. Raja, others

The Hindu  

The Delhi High Court will announce on March 22 its decision on whether to admit the Central Bureau of Investigation’s appeal challenging the acquittal of former Telecom Minister and current Lok Sabha MP A. Raja, and others, in the 2G spectrum allocation case. In December 2017, a special CBI court in New Delhi acquitted Mr. Raja, Lok Sabha MP Kanimozhi, …

Coal Block Scam | Whether Restriction On Seeking Stay Of Probe, Trial Applicable To PMLA Cases? Supreme Court To Consider
9 months, 3 weeks ago

Coal Block Scam | Whether Restriction On Seeking Stay Of Probe, Trial Applicable To PMLA Cases? Supreme Court To Consider

Live Law  

The Supreme Court on Monday called for a response from the Directorate of Enforcement on the issue as to whether bar imposed by the Court's earlier decision, of any prayer for stay/impeding progress of investigation/trial in Coal Block Allocation cases being maintainable only before it, is applicable to orders passed on complaints under the Prevention of Money Laundering. The Supreme …

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 …

Supreme Court to hear review pleas against verdict upholding PMLA provisions on Oct 18
1 year, 2 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 …

Ex-MP, son get 4-year jail term in Chhattisgarh coal block allocation case
1 year, 4 months ago

Ex-MP, son get 4-year jail term in Chhattisgarh coal block allocation case

Hindustan Times  

New Delhi A Delhi court on Wednesday sent former Rajya Sabha MP Vijay Darda, his son Devendra Darda, and businessman Manoj Jayaswal to four years in prison in a case related to irregularities in the allocation of a coal block in Chhattisgarh in 2007. The court also imposed a fine of ₹ 15 lakh each on Vijay Darda Three other …

Delhi Excise policy | Supreme Court tags BRS leader Kavitha’s plea with pending cases challenging ED summons
1 year, 8 months ago

Delhi Excise policy | Supreme Court tags BRS leader Kavitha’s plea with pending cases challenging ED summons

The Hindu  

March 27, 2023 02:45 pm | Updated 03:38 pm IST - NEW DELHI The Supreme Court on March 27 indicated its intention to test the Centre’s claim that the Enforcement Directorate can summon Bharat Rashtra Samithi MLC Kalvakuntla Kavitha in the Delhi excise policy case, considering the court’s own judgment in 2022 which backed the Central agency’s vast powers under …

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC
1 year, 9 months ago

Delhi excise policy case | Supreme Court refuses to entertain Manish Sisodia’s plea challenging CBI arrest, advises him to approach Delhi HC

The Hindu  

The Supreme Court on Tuesday refused to intervene at this stage in a petition filed by Deputy Chief Minister Manish Sisodia challenging his arrest in the Delhi excise policy case. Narasimhasaid Mr. Sisodia has alternative remedies available before the High Court and asked him to pursue them instead of directly invoking the jurisdiction of the Supreme Court under Article 32 …

Delhi court admits CBI’s excise charge sheet, summons accused
2 years ago

Delhi court admits CBI’s excise charge sheet, summons accused

Hindustan Times  

A Delhi court on Thursday took cognisance of a Central Bureau of Investigation charge sheet filed against seven people in connection with its probe into alleged irregularities in Delhi’s 2021-22 excise policy, ad said that sufficient grounds have been found to proceed further against the accused. The court summoned the seven -- Aam Aadmi Party’s communication strategist Vijay Nair, lobbyist …

HC upholds discharges of two retired IAS officers and top executives of Deccan Mining Syndicate Pvt. Ltd. in illegal mining case
2 years, 2 months ago

HC upholds discharges of two retired IAS officers and top executives of Deccan Mining Syndicate Pvt. Ltd. in illegal mining case

The Hindu  

The High Court of Karnataka has upheld the 2016 order of the Special Court for CBI cases in discharging two retired IAS officers and the executives of a mining company in an illegal mining case. Justice K. Somashekar passed the order while dismissing the revision petitions filed by the Central Bureau of Investigation, challenging Special Court’s January 30, 2016 order …

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1
2 years, 3 months ago

Whether One Can Be Deprived Of Immunity From Arrest By Retrospective Operation Of Judgment? Supreme Court Constitution Bench To Hear From Nov 1

Live Law  

A Constitution Bench of the Supreme Court will commence hearing on the issue of whether striking down of a provision granting immunity from arrest would have retrospective application, especially in view of rights protected under Article 20 of the Constitution of India, 1950, from 1st November, 2022. Senior Advocate, Mr. Arvind Datar apprised the Bench of the crux of the …

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 …

"Careless & Casual" : Supreme Court Imposes Rs 1 Lakh Cost On Union Govt For Wrongly Mentioning Company As "Coalgate" Scam Allottee
2 years, 4 months ago

"Careless & Casual" : Supreme Court Imposes Rs 1 Lakh Cost On Union Govt For Wrongly Mentioning Company As "Coalgate" Scam Allottee

Live Law  

The Supreme Court on Wednesday imposed a cost of Rupees one lakh on the Union Government for incorrectly mentioning the name of a coal mining company in the list of the illegal coal block allotments made in the "Coalgate" scam.The Court noted that the petitioner-company, BLA Industries Pvt Ltd, had applied through the legal route, following the procedure under the …

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 …

Coal Block Allocation Scam: Supreme Court Seeks Centre's Affidavit On Stages Of Investigation In Different Cases
2 years, 7 months ago

Coal Block Allocation Scam: Supreme Court Seeks Centre's Affidavit On Stages Of Investigation In Different Cases

Live Law  

The Supreme Court of India on Thursday directed the Central Government to file an affidavit indicating the stages of investigation in different cases relating to coal block allocations by 15th July. The bench also allowed the application seeking repatriation of some Enforcement Directorate officers including 4 joint director level officers and 3 IO level officers investigating the coal block cases. …

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 …

West Bengal Coal Scam Case: Delhi High Court Dismisses Plea By TMC MP Abhishek Banerjee, His Wife Seeking Quashing Of Summons
2 years, 9 months ago

West Bengal Coal Scam Case: Delhi High Court Dismisses Plea By TMC MP Abhishek Banerjee, His Wife Seeking Quashing Of Summons

Live Law  

The Delhi High Court on Friday dismissed the plea by All India Trinamool Congress MP Abhishek Banerjee and his wife seeking quashing of summons issued to them by Enforcement Directorate in connection with West Bengal coal scam case.Justice Rajnish Bhatnagar also dismissed the plea by Banerjee's wife Rujira Banerjee assailing the complaint filed by Enforcement Directorate against her in the. …

Supreme Court concerned over eight states not giving consent for CBI probe
3 years, 1 month ago

Supreme Court concerned over eight states not giving consent for CBI probe

Deccan Chronicle  

New Delhi: The Supreme Court on Monday expressed concern over eight state governments – all non-BJP ruled states -- not granting “general consent” to the Central Bureau of Investigation to carry out investigation in their respective states, describing it as not a “desirable position”. Sundresh expressed concern over the state of affairs as the investigating agency informed the court that …

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case
3 years, 2 months ago

ED Opposes TMC MP Abhishek Banerjee, His Wife's Plea Before Delhi HC Seeking Quashing Of Summons In Coal Scam Case

Live Law  

The Enforcement Directorate on Tuesday opposed the petition filed by All India Trinamool Congress MP Abhishek Banerjee and his wife before the Delhi High Court seeking quashing of summons issued to them by the agency in connection with West Bengal coal scam case.Justice Yogesh Khanna heard Solicitor General of India Tushar Mehta appearing for the Respondent, Enforcement Directorate in. The …

West Bengal Coal Scam- Delhi High Court Seeks ED's Response On Inspector's Plea Challenging Trial Court Summons In Money Laundering Case
3 years, 3 months ago

West Bengal Coal Scam- Delhi High Court Seeks ED's Response On Inspector's Plea Challenging Trial Court Summons In Money Laundering Case

Live Law  

The Delhi High Court has sought response of the Enforcement Directorate on the plea filed by Ashok Kumar Mishra, inspector-in-charge of West Bengal police challenging the summons issued to him by a Trial Court here in connection with a money laundering case related to West Bengal coal scam.Justice Yogesh Khanna issued notice on the plea while listing the matter for …

Coal Scam- Enforcement Directorate Moves Delhi High Court Seeking Quashing Of Notices Issued To It's Officials By West Bengal Police
3 years, 3 months ago

Coal Scam- Enforcement Directorate Moves Delhi High Court Seeking Quashing Of Notices Issued To It's Officials By West Bengal Police

Live Law  

The Enforcement Directorate has moved the Delhi High Court seeking quashing of the notices, issued by West Bengal Police, to its officials performing their statutory functions in Delhi.The ED is investigating the illegal coal mining case and the role of the complainant TMC MP Abhishek Banerjee under the PMLA Act in the New Delhi Headquarters. The Enforcement Directorate has moved …

Mukul Rohatgi Vs SG Tushar Mehta On CBI 's Jurisdiction In West Bengal [Courtroom Exchange In Coal scam Case Before SC]
3 years, 8 months ago

Mukul Rohatgi Vs SG Tushar Mehta On CBI 's Jurisdiction In West Bengal [Courtroom Exchange In Coal scam Case Before SC]

Live Law  

The Supreme Court on Thursday granted ad interim protection from arrest to the prime accused in the West Bengal coal scam probe, Anup Majee, conditional on him joining in the investigation before the CBI and cooperating in the same. "This is a matter where an FIR has been lodged by the CBI and the investigation has been commenced within the …

West Bengal Coal Mining Case: Supreme Court Grants Interim Protection to Anup Majee
3 years, 8 months ago

West Bengal Coal Mining Case: Supreme Court Grants Interim Protection to Anup Majee

Live Law  

The Supreme Court on Thursday granted ad interim protection from arrest to the prime accused in the West Bengal coal scam probe, Anup Majee, conditional on him joining in the investigation before the CBI and cooperating in the same. All the rights and contentions of the parties are kept open to be considered when the proceedings are taken up on …

WB Coal Scam Probe-'CBI Cannot March Army Into State To Investigate Offence In Supersession Of State Police': Mukul Rohatgi Tells SC
3 years, 8 months ago

WB Coal Scam Probe-'CBI Cannot March Army Into State To Investigate Offence In Supersession Of State Police': Mukul Rohatgi Tells SC

Live Law  

The Supreme Court on Wednesday commenced the hearing on the challenge to the order of the Calcutta High Court whereby it allowed the CBI to investigate a case pertaining to illegal mining and transportation of coal through Railways in West Bengal, without the State's consent. In an appeal preferred by CBI, a Division Bench of the High Court stayed the …

[2015 Sacrilege Incidents] SC Dismisses Plea Challenging Direction To CBI To Hand Over Case Diaries, Records To Punjab Police
3 years, 9 months ago

[2015 Sacrilege Incidents] SC Dismisses Plea Challenging Direction To CBI To Hand Over Case Diaries, Records To Punjab Police

Live Law  

The Supreme Court on Tuesday dismissed the challenge to the Punjab and Haryana High Court's direction to the CBI to hand over all case diaries and papers related to the 2015 sacrilege incidents, including alleged desecration of Guru Granth Sahib, to the Punjab Police within a month.On January 4, during a hearing on the plea of one of the accused …

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi
4 years, 1 month ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law  

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

Delhi HC Extends Interim Protection Granted To Vinod Dua In An FIR Accusing Him of Spreading Communal Enmity Through His YouTube Show
4 years, 3 months ago

Delhi HC Extends Interim Protection Granted To Vinod Dua In An FIR Accusing Him of Spreading Communal Enmity Through His YouTube Show

Live Law  

The Delhi High Court on Monday extended the interim protection granted to Vinod Dua in an FIR which alleges him of spreading misinformation and causing communal enmity on his YouTube show. While extending the interim protection, the Single Bench of Justice Anup Jairam Bhambhani noted that since a similar matter is pending before the Supreme Court, the hearing in the …

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