Punjab & Haryana High Court Directs ED To Arrest Former Congress MLA Dharam Singh Chhoker In PMLA Case

The Punjab & Haryana High Court directed the Enforcement Directorate (ED) to forthwith arrest former Congress MLA from Haryana Dharam Singh Chhoker accused in a Prevention of Money Laundering Act, 2002 (PMLA) case.It is alleged that the Company owned by Chokker and his family, Mahira Infratech Pvt Ltd had collected Rs 363 crore from homebuyers for the construction of 1,500 flats to be delivered in 2021-2022. The company accounts, funds were allegedly siphoned off as advance loan to other...

'Will Take ED Officers To Task' : Supreme Court Frowns Upon ED's Overnight Questioning; Terms It 'Unpardonable'

The Supreme Court on Monday (October 21) questioned the manner in which retired IAS Officer Anil Tuteja was interrogated by the Enforcement Directorate in the alleged liquor scam case in Chhattisgarh.A bench of Justice Abhay S Oka and Justice Augustine George Masih was hearing petition filed by Tuteja challenging the Chhattisgarh High Court's refusal to quash corruption and money laundering charges against him in connection with the alleged liquor scam in the state. Justice Oka compared money...

Whether Adjudicating Authority Under PMLA Ought To Have One Judicial Member? Supreme Court To Consider

A Division Bench of the Supreme Court has passed an order directing that 6 cases, raising the issue whether Adjudicating Authority under Prevention of Money Laundering Act (PMLA) ought to have one Judicial Member, be placed before the Chief Justice of India so that they can be listed before one Bench.The order was passed by a bench of Justices Abhay S Oka and AG Masih in a special leave petition filed by the Enforcement Directorate, assailing an order of the Sikkim High Court whereby...

PMLA Review | Supreme Court Adjourns Hearing At Request Of Parties, Lists Matter On Nov 27

The Supreme Court today adjourned the review petitions filed against the Vijay Madanlal Choudhary judgement, which upheld various provisions of the Prevention of Money Laundering Act (PMLA). Next date given in the matter is November 27.A bench of Justices Surya Kant, CT Ravikumar and Ujjal Bhuyan passed the order, at a request made by the parties. While the petitioners submitted that Senior Advocate Kapil Sibal was on his legs in a part-heard, ED counsel Zoheb Hossain responded that ED was...

Pendency Of Criminal Appeal Against Conviction In Schedule Offence Not Bar For Proceeding With PMLA Trial: Madras High Court

The Madras High Court recently observed that pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed wit trial in the PMLA case. 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 pendency of a criminal appeal in the schedule case. “In any angle, pendency of a criminal appeal cannot be an absolute bar for proceeding with the PMLA...

Courts Today 14.10.24

Courts Today 14.10.24: Rajasthan Civil Judge Exam|PMLA|Doordarshan|Covid Vaccine|Anganwadi Worker [VIDEO]

Mere Possession Of 'Proceeds Of Crime' Sufficient To Invoke PMLA, HC Cannot Restrict Its Meaning To Restrain Authorities: Madras High Court

The Madras High Court recently observed that the expression money laundering, as defined under Section 3 of the Prevention of Money Laundering Act has a wider meaning and the provisions of the Act could be invoked against a person for mere possession of proceeds of crime. The court added that since Section 3 is wider, the court could not restrict its meaning to restrain authorities from invoking the provisions of PMLA. “Therefore, mere possession of proceeds of crime would be sufficient...

ED Arrest Illegal If Not Based On Well Documented 'Reason To Believe' U/S 19 PMLA: Punjab & Haryana High Court

The Punjab & Haryana High Court has dismissed the plea of an industrialist accused of money laundering, challenging ED arrest, observing that grounds of arrest explicitly reveal and point to the effect that the Arresting Officer had conveyed his intention, reasons, grounds and belief to arrest the petitioner.Neeraj Saluja was accused of illegally diverting over Rs.1,500 crores from the loan amount for a purpose other than it was sanctioned.Justice Anoop Chitkara explained, "Any arrest shall...

Supreme Court To Lay Down Law On High Court's Power To Recall Pronounced Order And Rehear Case

The Supreme Court on Friday (October 4) said that it will lay down the law on whether a High Court can recall an order pronounced in the court and rehear the case.A bench of Justice Abhay Oka and Justice Augustine George Masih had on Monday expressed strong disapproval of the Madras High Court's decision to rehear a quashing petition in a money laundering case involving former Director General of Police (DGP) Jaffar Sait, despite having previously allowed the petition.The court had also...

S.70 PMLA | Properties Purchased Prior To Scheduled Offence Can Be Attached Even If Not Purchased With Proceeds Of Crime: Madras High Court

The Madras High Court recently observed that under the Prevention of Money Laundering Act, the properties that are acquired even before the alleged scheduled offence could be attached when criminal activity has taken place outside the country. The court highlighted that the properties sought to be attached need not be purchased from and out of the proceeds of crime. “Even in respect of the properties purchased prior to the scheduled offence under PMLA , such properties can be attached...

Supreme Court Calls Madras High Court's Rehearing Of Previously Allowed Quashing Petition “Absolutely Wrong”

The Supreme Court on Monday (September 30) said that the Madras High Court's decision to rehear a quashing petition despite having previously quashed the case was “absolutely wrong”.“What is this practice? Now what is to be done? This is something which is completely wrong”, Justice Abhay Oka said.A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing the plea of retired Director General of Police (DGP) Jaffar Sait against the Madras High Court's decision to rehear his...