Articles for Scheduled Offence

Summons Under PMLA Can't Be Quashed Merely Because Accused Was Discharged In Predicate Offence : Supreme Court
5 days, 3 hours 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 …

High Court Money Laundering Money Accused Respondent Pwd Cbi
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 …

Supreme Court Court Case Ipc Fir Scheduled Pmla
Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002
10 months, 4 weeks ago

Supreme Court Annual Digest 2023- Prevention of Money Laundering Act (PMLA), 2002

Live Law  

Prevention of Money Laundering Act – Section 3 – Registration of ECIR – Effect of delay – Information about all complaints, the nature of the complaints, and the amount of money allegedly collected towards illegal gratification had all come into the public domain – Once a piece of information relating to the acquisition of a huge amount of illegal gratification …

Court Money Laundering Prevention Criminal Activity 2003 Fir Act
ED Summons To District Collectors A 'Fishing Expedition' Without Showing Existence Of Proceeds Of Crime: Madras High Court
1 year ago

ED Summons To District Collectors A 'Fishing Expedition' Without Showing Existence Of Proceeds Of Crime: Madras High Court

Live Law  

While staying the summons issued by Enforcement Directorate to District Collectors in an alleged sand mining money laundering case, the Madras High Court observed that the ED had attempted to conduct a “fishing enquiry” relating to sand mining without the existence of proceeds of crime. The court noted that the agency was trying to identify cases of illegal mining and …

Crime Court Mining State District Proceeds Offence
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 …

Court Money Laundering Case Calcutta Fir Regular Scheduled
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 …

Supreme Court Property Court Criminal Act Discharged Scheduled
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 …

Trial Court Prevention Case Accused Act Livelaw
Money Laundering Offence Attracted By Mere Possession Of Crime Proceeds ; Projection As Untainted Property Not Required : SC Interprets "And" In Sec 3 PMLA As "Or"
2 years, 4 months ago

Money Laundering Offence Attracted By Mere Possession Of Crime Proceeds ; Projection As Untainted Property Not Required : SC Interprets "And" In Sec 3 PMLA As "Or"

Live Law  

By interpreting "and" in Section 3 of the Prevention of Money Laundering Act 2002 as "or", the Supreme Court held that mere possession or concealment of the proceeds of the crime is sufficient for the offence of money laundering and that it need not be projected as an untainted property. "Section 3 - Offence of money laundering - Whosoever directly …

Crime India Property Court Money Laundering Money Process
Summary Of Supreme Court's PMLA Judgement- Vijay Madanlal Choudhary Vs Union of India
2 years, 4 months ago

Summary Of Supreme Court's PMLA Judgement- Vijay Madanlal Choudhary Vs Union of India

Live Law  

The Supreme Court, on Wednesday, upheld the provisions of the Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.Read the Summary of 545 Pages Judgement in Vijay Madanlal Choudhary Vs Union of India here; The question as to whether some of the amendments to the Prevention …

Property Court Act Person Parliament Authorities This Court
'Powers Of Central Agency Wider': Calcutta HC Orders Transfer Of Probe Into Birbhum Explosions To NIA
2 years, 8 months ago

'Powers Of Central Agency Wider': Calcutta HC Orders Transfer Of Probe Into Birbhum Explosions To NIA

Live Law  

The Calcutta High Court has recently ordered the transfer of investigation into explosions in Birbhum district to the National Investigation Agency from the Crime Investigation Department of State of West Bengal by holding that the central agency has precedence in the investigation of scheduled offence.A Bench comprising Justice Joymalya Bagchi and Justice Bivas Pattanayak vacated. The Calcutta High Court has …

Investigation Court West Bengal Transfer Central Birbhum Cid
Calcutta HC Orders Transfer of Probe into Birbhum Explosions to NIA
2 years, 8 months ago

Calcutta HC Orders Transfer of Probe into Birbhum Explosions to NIA

News 18  

Calcutta High Court has ordered transfer of investigation into explosions in Birbhum district to the NIA from the state CID holding that the central agency has precedence in the investigation of scheduled offence. Vacating an earlier stay by a single bench of the HC in the NIA probe, a division bench comprising Justices Joymalya Bagchi and Bivas Pattanayak in an …

Investigation Transfer Birbhum Cid Bench Agency Scheduled Offence
[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?
3 years, 7 months ago

[PMLA IMBROGLIO] Can An Accused Face Trial For Money Laundering If The Scheduled Offence Is Struck Down?

Live Law  

Recently, the Madras High Court asked the Enforcement Directorate to continue with their investigation into alleged money laundering even after the petitioner submitted that the Central Bureau of Investigation had quashed the original case, based on which ED had initiated their investigation. One then wonders how PMLA can become independent; meaning, why should an accused face trial for money laundering …

Court Money Laundering High Act Scheduled Pmla Money Laundering Act
Section 3(2)(v) of SC/ST Act Will Attract As Long As Caste Identity Is One Of The Grounds For The Occurrence Of Offence: SC Doubts Earlier Judgments
3 years, 7 months ago

Section 3(2)(v) of SC/ST Act Will Attract As Long As Caste Identity Is One Of The Grounds For The Occurrence Of Offence: SC Doubts Earlier Judgments

Live Law  

The Supreme Court doubted the earlier judgments which interpreted Section 3 of the Scheduled Castes and the Scheduled Tribes Act,1989, to mean that the offence should have been committed "only on the ground that the victim was a member of the Scheduled Caste. The court noted that under Section 3, an enhanced punishment of imprisonment for life with fine is …

Identity Court Caste Person Ground Scheduled Committed