Supreme Court Issues Notice On Plea Challenging Validity Of S. 50 & 63 Of PMLA On ED's Summoning Powers

A writ petition has been filed in the Supreme Court challenging the Constitutional validity of S.50 and S.63 of the Prevention of Money Laundering Act, 2002 (PMLA). The plea states that the impugned provisions are violative of Articles 14, 20,21 and 300A of the Constitution. Last week, a bench comprising Chief Justice of India BR Gavai and Justice AG Masih issued notice to the Union on the petition and tagged it with a similar matter (WP(Crl) 65/2023)Notably, S. 50 of the PMLA provides...

Chhattisgarh Liquor Scam | 'No Possibility Of Trial Commencing In Near Future' : Supreme Court Grants Bail To PMLA Accused

The Supreme Court on Monday(May 19) granted bail to Anwar Dhebar, businessman and brother of former Raipur Mayor Aijaz Dhebar, accused in a money laundering case arising out of the alleged Rs. 2,000 crore Chhattisgarh liquor scam.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the maximum sentence prescribed for the offence is seven years and that there is no possibility of the trial commencing in the near future.“Following the law laid down in the case of Senthil...

Review Petitions Against PMLA Judgment Can't Go Beyond 2 Issues : Union Tells Supreme Court

In the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA), the Union Government told the Supreme Court on Wednesday (May 7) that the review hearing cannot go beyond the two specific issues which were orally flagged by the bench which issued notice in August 2022.A bench of Justices Surya Kant, Ujjal Bhuyan and N Kotiswar Singh held a brief hearing of the review petitions today. At the...

PMLA Accused Entitled To Receive List Of Materials Not Relied Upon By ED : Supreme Court

The Court held that the production of unrelied upon documents can be sought by the accused in bail hearing as well.

PMLA Review: Supreme Court Reconstitutes Bench To Hear Pleas Against Vijay Madanlal Choudhary Judgment; Listed On May 7

The Supreme Court will hear on May 7 the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA).It may be recalled that a bench of Justices Surya Kant, CT Ravikumar (now retired) and Ujjal Bhuyan was dealing with the matter. However, after the retirement of Justice Ravikumar, a need arose for reconstitution of the bench.The bench now stands reconstituted with the addition of Justice N Kotiswar Singh,...

Proceedings U/S 37 A Of FEMA Can't Be Continued During Moratorium U/S 33(5) Of IBC: Calcutta High Court

The Calcutta High Court bench of Justice Jay Sengupta has held that once a liquidation order against the Corporate Debtor is passed, all proceedings including those pending at the time of such order under the Foreign Exchange Management Act, 1999 (FEMA) cannot be continued, nor can any new proceedings be initiated, in view of the bar under Section 33(5) of the Insolvency and Bankruptcy Code, 2016 (Code). This is further reinforced by the non obstante clause under Section 238 of the Code,...

S.17 PMLA | Can't Direct ED To Serve 'Reasons To Believe' Before Conducting Search, May Lead To Concealment Of Evidence: Madras High Court

The Madras High Court has held that it cannot issue an omnibus direction mandating the Enforcement Directorate to serve 'reason to believe' the commission of money laundering offence before conducting a search in terms of Section 17 PMLA, as the same may alert the suspect to conceal evidence."Section 17 is a preliminary stage where based on some information in possession the ED search is conducted and if no prima facie case is made out, automatically all action is dropped, but if any...

Should Grounds Of Arrest Be Mandatorily Supplied 'Prior' To Arrest In Every Case? Supreme Court Reserves Orders In Worli Hit & Run Case

'Most inhuman conduct. You did not have the courtesy to send the lady (victim) to hospital', said J Gavai to the accused's counsel.

Madras High Court Reserves Orders On Pleas Challenging ED Search At TASMAC Headquarters, Verdict Likely On April 23

The Madras High Court has reserved orders on pleas filed by the State Government and the Tamil Nadu State Marketing Corporation challenging the recent searches conducted by the Enforcement Directorate on the TASMAC headquarters on March 6 and March 8. The bench of Justice SM Subramaniam and Justice K Rajasekar reserved the orders today after hearing Senior Advocate Vikas Singh for TASMAC. In the previous hearing itself the court had said that it would reserve the orders but gave a special...

'In Policy Domain' : Supreme Court Dismisses Plea Seeking Guidelines Against Fraudulent Cryptocurrency Transactions

The Supreme Court recently dismissed a petition seeking guidelines from the Court in exercise of its jurisdiction under Article 142 of the Constitution to prevent and penalize fraudulent transactions involving cryptocurrencies.A bench of Justices BR Gavai and AG Masih passed the order, being of the view that the prayers made were within the domain of the legislature and the executive. Be that as it may, the bench left it open for the petitioners to make a representation before the appropriate...

Does S.223 BNSS (Hearing Of Accused Pre-Cognizance) Apply To PMLA Cases If Investigation Began Before July 1, 2024? Supreme Court To Decide

The Court orally observed that S.223 BNSS was a substantive provision and can't be regarded as merely procedural.

'Order Taking Cognizance Of PMLA Complaint Quashed' : Supreme Court Grants Bail To Ex-IAS Officer In Chhattisgarh Liquor Scam

The Supreme Court today (April 15) granted bail to former IAS officer Anil Tuteja in a money laundering case arising out of the alleged Chhattisgarh liquor scam, noting that the order of trial court taking cognizance of the money laundering case has been set aside.A bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed that the principles laid down in V. Senthil Balaji v. Deputy Director would apply to the present case, as Tuteja has been under incarceration for about a year and no...