PMLA
PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC
The Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. Justice Tirthankar Ghosh said there is a difference with regard to releasing a person on bail after his arrest by the investigating agency under PMLA and after his appearance in response to summons from the court."Taking into account the...
PMLA | Grant Of Bail To Person Appearing In Response To Court Summons Can't Be Interfered With In Absence Of 'Supervening Circumstances': Calcutta HC
The Calcutta High Court recently ruled that an order of bail issued by Special PMLA Court in respect of accused, who appeared before it pursuant to the summons, is not open to interference until and unless supervening circumstances are brought on record. Justice Tirthankar Ghosh said there is a difference with regard to releasing a person on bail after his arrest by the investigating agency under PMLA and after his appearance in response to summons from the court."Taking into account the...
Prima Facie Offence Of Money Laundering Not Made Out: Bombay High Court Grants Bail To Anil Deshmukh's Former Secretary Sanjeev Palande
The Bombay High Court granted bail to Sanjeev Palande, personal secretary and co-accused of former state home minister & NCP leader Anil Deshmukh in the money laundering case being investigated by ED. "This material, taken at its face value, is not sufficient to rope in the applicant for the offence of money laundering. The capacity in which the applicant rendered the services at the office of Mr. Anil Deshmukh cannot be lost sight of…I am impelled to hold that there are reasonable...
Prima Facie Offence Of Money Laundering Not Made Out: Bombay High Court Grants Bail To Anil Deshmukh's Former Secretary Sanjeev Palande
The Bombay High Court granted bail to Sanjeev Palande, personal secretary and co-accused of former state home minister & NCP leader Anil Deshmukh in the money laundering case being investigated by ED. "This material, taken at its face value, is not sufficient to rope in the applicant for the offence of money laundering. The capacity in which the applicant rendered the services at the office of Mr. Anil Deshmukh cannot be lost sight of…I am impelled to hold that there are reasonable...
PMLA Probe Identical In 2018 And 2020 Cases, ED Trying To Re-Investigate Same Allegations: DK Shivakumar Tells Delhi High Court
Stating that the Enforcement Directorate's money laundering investigation is identical in both 2018 and 2020 cases, Karnataka Congress Chief D.K. Shivakumar has told Delhi High Court that the probe agency is trying to re-investigate the same set of facts which have already been probed. The submission has been made by the Congress leader in the written submissions filed in his plea challenging the investigation initiated by the probe agency against him in a money laundering case. Shivakumar has...
Delhi High Court Issues Notice On Bail Pleas Of Vaibhav Jain, Ankush Jain In Money Laundering Case
The Delhi High Court on Monday issued a notice on the bail pleas moved by Ankush Jain and Vaibhav Jain, co-accused in a money laundering case in which Aam Aadmi Party leader Satyendar Jain is the main accused.Justice Dinesh Kumar Sharma sought response of the Enforcement Directorate while listing the matter for hearing next on December 20.According to the ED, during the check period between February 14, 2015 till May 31, 2017, an amount of Rs.4,60,83,500 was received as accommodation entries in...
Delhi High Court Seeks ED's Response On Satyendar Jain's Plea Seeking Bail In Money Laundering Case
The Delhi High Court on Thursday issued notice on the bail plea moved by Aam Aadmi Party leader Satyendar Jain in connection with a money laundering case in which he has been in custody since May 30.Justice Dinesh Kumar Sharma sought a response from the Enforcement Directorate positively within a period of two weeks.Senior Advocate N. Hariharan appearing for Jain submitted before the court that there are no proceeds of crime generated in the matter and that the case is based on a "notional...
Quashing Regular Case Of "Scheduled Offence" Will Automatically Quash Subsequent Case Registered Under PMLA: Calcutta High Court
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.The observation was made while hearing a criminal revision application against PMLA proceedings. A criminal complaint was registered against the instant applicants under Sections 120B/420/409 IPC read with Section 13 of PMLA on the basis whereof the Enforcement Director, the respondent...
Breaking: Delhi Court Denies Bail To Satyendar Jain In Money Laundering Case
A Delhi Court on Thursday denied bail to Aam Aadmi Party leader Satyendar Jain in a money laundering case. Special Judge Vikas Dhull of Rouse Avenue Courts pronounced the order. The court also denied bail to co-accused Ankush Jain and Vaibhav JainSenior Advocates N.Hariharan and Rahul Mehra appeared for Jain whereas ASG SV Raju along with Zoheb Hossain represented ED.The court had reserved the order on November 11. "It has prima facie come on record that...
Delhi Riots: High Court Reserves Order On Tahir Hussain's Plea Challenging Framing Of Charges In Money Laundering Case
The Delhi High Court on Tuesday reserved order in the plea filed by former Aam Aadmi Party Councillor Tahir Hussain challenging charges framed against him in a money laundering case registered in connection with the North East Delhi riots of 2020.Justice Anu Malhotra reserved the order after hearing Advocate Naveen Malhotra, who represented Tahir Hussain, and Zoheb Hossain, the counsel of Enforcement Directorate. The charges against Tahir Hussain were framed earlier this month by city's...
Does Moratorium Under IBC Take Away ED's Power To Order Attachment Of Property Under PMLA? Delhi High Court Says No
Observing that assets, which may have been obtained by the commission of a scheduled offense cannot be accorded exemption or immunity from the rigours of the PMLA, the Delhi High Court on Friday ruled that provisions of the money laundering Act are not subservient to the moratorium provision comprised in Section 14 of the Insolvency and Bankruptcy Code, 2006. "Acceptance of such a contention would not only run contrary to the legislative policy but also undermine the efforts of the...
"Obesity Root Cause Of All Diseases": Punjab & Haryana High Court Grants Bail To Money Laundering Accused Weighing 153 Kg
Considering his co-morbidities, his case would fall within the exception of being 'sick' as carved out in the first proviso to Section 45 (1) of the Prevention of Money Laundering Act, 2002, the Court said.