PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court
3 years, 9 months ago

PMLA- Even If Predicate Offence Is Compromised, Compounded, Quashed, ED's Investigation Is Not Affected Or Wiped Away: Bombay High Court

Live Law  

The Bombay High Court recently held that the Enforcement Directorate could continue investigation into cases of money-laundering even after investigation into the base/scheduled offences were closed. Even if the Predicate/Scheduled Offence is compromised, compounded, quashed or the accused therein is/are acquitted, the investigation of ED under PMLA does not get affected, wiped away or ceased to continue." In Court, their Counsel referred a speech by Former Finance Minister P Chidambaran, responses to Frequently Asked Questions on the ED website and the Supreme Court's dictum in Chidambaram v. ED to contend that the offence of money-laundering under Section 3 of the legislation was a pre-requisite to launching investigation. The ED's counsel asserted that the PMLA investigation was an independent investigation, and that once an complaint was registered by ED, the scheduled offence was no longer required. Elaborating on this theme, Justice Gadkari notes, "Hypothetically, 'an accused' in a Predicate/Scheduled Offence is highly influential either monetarily or by muscle power and by use of his influence gets the base offence, compromised or compounded to avoid further investigation by ED i.e.

Counsel Investigation Court Compounded Pmla Offence Section 3 Gadkari Quashed Predicate Offence Predicate  wiped  compromised  high  moneylaundering  pmla  quashed  counsel  eds  ed  predicate  predicatescheduled  offence  investigation  court  firm

History of this topic

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
4 days, 1 hour ago

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court

Live Law  

The Supreme Court yesterday set aside an order of the Gauhati High Court which quashed summons under the Prevention of Money Laundering Act, 2002, to investigate proceeds of crime involved money laundering on grounds that the Respondent was discharged in scheduled offence. A bench of Justices MM Sundresh and Aravind Kumar was hearing a challenge to the judgment of the …

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC
4 days, 17 hours ago

Offence Under PMLA Is Standalone, Can't Have Joint Trial With Predicate Offence Even If Both Are Before Same Court: Madras HC

Live Law  

The Madras High Court has clarified that the trial under the Prevention of Money Laundering Act is distinct and different from the trial of the predicate offence and thus the accused cannot seek for a simultaneous or joint trial even if both are pending before the same court. Thus, the court held that the Special Court was competent and had …

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court
6 days, 19 hours ago

PMLA Does Not Intend To Attach Or Confiscate All Properties Of A Person Connected With Crime: Kerala High Court

Live Law  

The Kerala High Court has observed that the Prevention of Money Laundering Act 2002 does not intend to attach or confiscate all properties of a person connected with crime, especially those properties that were acquired before even the commission of the crime. Justice Bechu Kurian Thomas thus set aside the order of provisional attachment of properties purchased by the petitioners …

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 …

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers
1 week, 3 days ago

Reining in Excess: Punjab & Haryana High Court's Judgments Curtailing ED's Arbitrary Powers

Live Law  

The arrest and detention under the Prevention of Money Laundering Act often turn out to be a punishment due to the wide powers given to the Enforcement Directorate and its stringent bail provisions. Judges Of PMLA Courts Not Supposed To Act Like "Extended Arm Of ED" The High Court pointed out the practice of passing custodial interrogation orders in a …

911 PMLA Cases Filed During Last 5 Years
1 week, 5 days ago

911 PMLA Cases Filed During Last 5 Years

Deccan Chronicle  

New Delhi: The Finance Ministry stated that a total total of 911 PMLA cases were filed between January 1, 2019, and October 31, 2021 In a query, Surjewala asked the Finance Minister, seeking details about cases filed by the ED over the last five years. In a written reply to Surjewala's question, Pankaj Chaudhary, Minister of State for Finance, presented …

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case
1 month ago

Money Laundering Accused Can't Be Equated With Murder, Rape Accused: Delhi High Court While Granting Bail In PMLA Case

Live Law  

The Delhi High Court on Wednesday remarked that an accused in a money laundering case cannot be equated with those punishable with death, life imprisonment, ten years or more like offences such as murder, rape or dacoity.Justice Manoj Kumar Ohri said that it is pertinent to keep in mind while dealing with the cases under the PMLA that except in …

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 …

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report
3 months ago

India should increase capacity of court system to reduce number of pending trials in money laundering cases: FATF report

The Hindu  

India should aim to reduce the number of pending trials in money laundering cases by making major changes to increase the capacity of the court system, and potentially the capability of the Enforcement Directorate, as per the Financial Action Task Force mutual assessment report of India. Saturation of system The report said the limited number of specialised prosecutors in ED …

Confusion over listing of Prevention of Money Laundering Act cases in Madras High Court
3 months, 1 week ago

Confusion over listing of Prevention of Money Laundering Act cases in Madras High Court

The Hindu  

Confusion has arisen in the Madras High Court on the issue of listing petitions related to the Prevention of Money Laundering Act of 2002. The decision to recall was taken after the Registry brought it to the judges’ notice that Rule 17 of the Madras High Court Writ Rules, 2021 require all writ petitions related to PMLA to be listed …

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment
4 months ago

Senthil Balaji's Bail Plea In PMLA Case | Either Have Trial Of All Predicate Offences Or Exclude Any : Supreme Court To ED While Reserving Judgment

Live Law  

The Supreme Court on Tuesday observed that the ED must either rely on a complete trial of all three predicate offences against Senthil Balaji in the money laundering case against him or decide to let go of some cases as predicate offence. A bench of Justice Abhay Oka and Justice Augustine George Masih had earlier raised the question of whether …

‘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. …

Properties Not Connected With 'Proceeds Of Crime' Cannot Be Subject To Attachment Under PMLA: Kerala High Court
5 months, 3 weeks ago

Properties Not Connected With 'Proceeds Of Crime' Cannot Be Subject To Attachment Under PMLA: Kerala High Court

Live Law  

The Kerala High Court has held that properties subject to attachment under the PMLA must be properties acquired through proceeds of crime. In the present case, the petitioner approached the High Court under Article 226 challenging the freezing of bank accounts and an order of provisional attachment made against an immovable property during the investigations under the Prevention of Money …

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 …

National Herald case: PMLA body upholds attachment of ₹751 cr
8 months, 1 week ago

National Herald case: PMLA body upholds attachment of ₹751 cr

Hindustan Times  

An adjudicating authority under the Prevention of Money Laundering Act on Wednesday upheld the attachment of assets worth around ₹752 crore of Congress-run National Herald newspaper and associated firms by the Enforcement Directorate, terming it as “proceeds of crime” involved in money laundering. Under PMLA, an adjudicating authority determines within 180 days whether the properties attached by ED are involved …

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 …

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 …

PMLA court refuses bail to IRS officer Sachin Sawant
10 months, 2 weeks ago

PMLA court refuses bail to IRS officer Sachin Sawant

Hindustan Times  

MUMBAI: A special PMLA court on Saturday rejected the bail plea of former Joint Commissioner of Customs, Indian Revenue Service officer Sachin Sawant, accused of amassing assets disproportionate to his known sources of income. HT Image Enforcement Directorate has claimed that Sawant generated around ₹4.11 crore from illegal sources of income and amassed assets worth ₹2.45 crore that are disproportionate …

Delhi Riots: Court Rejects Tahir Hussain's Plea Seeking Stay On PMLA Proceedings Till Framing Of Charges In UAPA Case
1 year ago

Delhi Riots: Court Rejects Tahir Hussain's Plea Seeking Stay On PMLA Proceedings Till Framing Of Charges In UAPA Case

Live Law  

A Delhi Court on Friday rejected a plea moved by Aam Aadmi Party Councillor Tahir Hussain seeking stay on the proceedings in a money laundering case registered against him in relation to the 2020 riots, till the framing of charges in the UAPA case alleging larger conspiracy in the violence. Additional Sessions Judge Amitabh Rawat dismissed Hussain's plea and said …

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 …

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 …

Money Laundering : A Process Or A Punishment
1 year, 3 months ago

Money Laundering : A Process Or A Punishment

Live Law  

Money laundering is something as engaging “proceeds of crime” in any matter projecting as untainted money. The Supreme Court’s ruling upholding all the contentious provisions of the Prevention of Money Laundering Act tumbles short of judicial standards of reviewing legislative action. The provisions of the PMLA must stand the test of due process under Article 21;Section 50 of the PMLA …

Should ED Be Granted Hearing Before Predicate Offence Is Quashed? Supreme Court To Consider
1 year, 4 months ago

Should ED Be Granted Hearing Before Predicate Offence Is Quashed? Supreme Court To Consider

Live Law  

Whether the Enforcement Directorate should be granted a hearing before a predicate offence is quashed? The bench comprising Justices Surya Kant and Justice Dipankar Dutta was hearing a plea by ED against Bombay HC judgment which quashed the FIR against India Bulls Housing Finance Limited Company. ASG SV Raju responded that Delhi High Court said that the Bombay HC has …

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 …

Authorities who misconstrue authority
1 year, 5 months ago

Authorities who misconstrue authority

The Hindu  

The Prevention of Money Laundering Act, 2002 vested a cadre of officers under the Directorate of Enforcement with powers to prevent money laundering, attach proceeds of crime, and confiscate assets. Section 50 of the PMLA provides powers of a civil court to the ED authorities for summoning persons suspected of money laundering and recording statements. It observed in Vijay Madanlal …

‘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 …

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court
1 year, 7 months ago

PMLA in Consonance with Global Standards Set by Financial Action Task Force: Solicitor-General Tells Supreme Court

Live Law  

Provisions of the Prevention of Money Laundering Act, 2002 are in compliance with the global standard set by the Financial Action Task Force and a part of the intergovernmental response to organised crime, said Solicitor-General for India Tushar Mehta. On another day, senior counsel C Aryama Sundaram argued that he would read the judgement “as it stood” to support his …

ED Opposes Bail Heavily But Takes No Step To Begin Trial: Mumbai Court While Granting Bail To Yes Bank Founder In 200 Cr Loan Fraud Case
1 year, 8 months ago

ED Opposes Bail Heavily But Takes No Step To Begin Trial: Mumbai Court While Granting Bail To Yes Bank Founder In 200 Cr Loan Fraud Case

Live Law  

A PMLA court in Mumbai granted bail to Yes Bank Founder Rana Kapoor in a Rs 200 Crore loan fraud case. The court found it “astonishing” that the ED never arrested Rakesh and Sarang Wadhawan, HDIL Promoters, and other top Yes Bank officials despite attributing similar roles to them in the crime. Further, ED started looking for this information only …

'PMLA Most Draconian Statute Ever In The Country': Kapil Sibal Urges Supreme Court To Reconsider 'Vijay Madanlal Choudhary' Judgment
1 year, 8 months ago

'PMLA Most Draconian Statute Ever In The Country': Kapil Sibal Urges Supreme Court To Reconsider 'Vijay Madanlal Choudhary' Judgment

Live Law  

“The Prevention of Money Laundering Act is the most draconian statute that has ever seen the light of day in the country,” senior advocate and Member of Parliament Kapil Sibal told the Supreme Court of India on Monday. These are issues which can affect the polity of the country.” The senior counsel vehemently argued that the Supreme Court’s July 2022 …

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 …

Supreme Court Reserves Judgment In Rana Ayyub's Plea Challenging Jurisdiction Of Ghaziabad Court To Take Cognisance Of Money Laundering Case
1 year, 10 months ago

Supreme Court Reserves Judgment In Rana Ayyub's Plea Challenging Jurisdiction Of Ghaziabad Court To Take Cognisance Of Money Laundering Case

Live Law  

The Supreme Court on Tuesday reserved judgment on a writ petition filed by journalist and author Rana Ayyub challenging the order passed by a special court in Ghaziabad taking cognisance of the prosecution complaint filed by the Enforcement Directorate alleging money laundering in the crowdfunding campaigns run by her for charity work.A bench comprising Justices V. Ramasubramanian and. The Supreme …

ED can only probe money laundering cases, says Delhi HC
1 year, 10 months ago

ED can only probe money laundering cases, says Delhi HC

India TV News  

The Delhi High Court has ruled that the Enforcement Directorate does not hold the power to probe any other offence except money laundering cases and cannot by itself assume that a predicate offence has been committed. A single-judge bench of Justice Yashwant Varma observed that Prevention of Money Laundering Act empowers the ED to investigate Section 3 offences only. Justice …

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 …

PMLA scorecard: 1,118 cases, trial over in only 36, convictions in 20
2 years ago

PMLA scorecard: 1,118 cases, trial over in only 36, convictions in 20

India Today  

The Prevention of Money Laundering Act, 2002, which came into effect from July 1, 2005, has often been criticised as tool of harassment used by the central government against Opposition leaders, more so during the reign of the Prime Minister Narendra Modi-led BJP government since 2014. Several politicians, including Congress leader Karti Chidambaram and former Jammu and Kashmir chief minister …

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 …

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 …

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court
2 years, 4 months ago

Prosecution Under PMLA Not Possible After Accused Is Acquitted Of Scheduled Offence: Supreme Court

Live Law  

The Supreme Court reiterated that an person acquitted of scheduled offence cannot be prosecuted under Prevention of Money-Laundering Act, 2002.In this case, the Lokayukta Police registered a case under Section 13 read with Section 13 of the Prevention of Corruption Act, 1988 against the accused, who was a Deputy Revenue Officer. In appeal, the bench comprising Justices Dinesh Maheshwari and …

PMLA verdict — due process will be bulldozed
2 years, 4 months ago

PMLA verdict — due process will be bulldozed

The Hindu  

Outcomes in matters of constitutional law disputes depend on the values that the constitutional court choose to emphasise over those it chooses to discount. The recent decision of the Supreme Court of India in Vijay Madanlal Choudhary vs Union Of India, where it found all the provisions of the Prevention of Money Laundering Act, 2002 as amended from time to …

Explained | What has the Supreme Court said on PMLA’s validity?
2 years, 4 months ago

Explained | What has the Supreme Court said on PMLA’s validity?

The Hindu  

The story so far: The Supreme Court has upheld several provisions of the Prevention of Money Laundering Act that deal with a wide range of issues, from what constitutes the main offence to the powers of the Enforcement Directorate and the procedure for conducting searches and seizures and effecting arrests. The UN Convention against Transnational Organized Crime of 2000 also …

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act
2 years, 4 months ago

Narrow view: The Hindu Editorial on the Supreme Court verdict on the Prevention of Money Laundering Act

The Hindu  

Narrow view The Supreme Court’s verdict upholding all the controversial provisions of the Prevention of Money Laundering Act falls short of judicial standards of reviewing legislative action. Undergirding every aspect of its analysis is a belief that India’s commitment to the international community on strengthening the domestic legal framework for combating money-laundering is so inviolable that possible violation of fundamental …

Deep dive into top court’s verdict on PMLA ambit, ED powers
2 years, 4 months ago

Deep dive into top court’s verdict on PMLA ambit, ED powers

Hindustan Times  

The Supreme Court, by its judgment on Wednesday, approbated the wide powers of the Enforcement Directorate sanctioned under the 2002 Prevention of Money Laundering Act. Ratifying the agency’s powers to summon individuals, make arrests, conduct raids, and attach properties, the top court justified its special powers to tackle the “heinous” offence of money laundering. In Ishwar Singh Bindra & Ors …

Panchkula industrial plots allotment case| SC order to have bearing on ex-CM Bhupinder Hooda’s trial by PMLA court
2 years, 4 months ago

Panchkula industrial plots allotment case| SC order to have bearing on ex-CM Bhupinder Hooda’s trial by PMLA court

Hindustan Times  

The Supreme Court judgment of July 27, interpreting the provisions of Prevention of Money Laundering Act, will have a bearing on the trial of Panchkula industrial plots allotment case, involving former Haryana chief minister Bhupinder Singh Hooda, allottees and officials. The Supreme Court judgment of July 27, interpreting the provisions of Prevention of Money Laundering Act, will have a bearing …

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