PMLA
'They Want To Arrest Me Before Elections': Congress Leader DK Shivakumar Approaches Delhi High Court Against Money Laundering Probe
The Delhi High Court on Wednesday issued notice in a plea moved by Karnataka Congress Chief DK Shivakumar challenging the investigation initiated by Enforcement Directorate (ED) against him in a money laundering case.A division bench of Justice Mukta Gupta and Justice Anish Dayal sought response of ED, while listing the matter for next hearing on December 15. Shivakumar has challenged the proceedings initiated by ED in the year 2020, arguing that the agency is "re-investigating the same offence"...
Writ Court Can't Determine Whether A Case Warrants Action U/S 8(4) PMLA, Appellate Authority Appropriate Forum: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently observed that the question whether a particular case is of exceptional nature or not to warrant action under Section 8(4) of Prevention of Money Laundering Act can be determined only by the appellate authority at the time of considering the merits of the appeal and not by a Court in exercise of its writ jurisdiction. The observations were made by a bench comprising Chief Justice Ali Mohammad Magrey and Justice Sanjay Dhar while...
[S.50 PMLA] Application For Recording Statement Of Accused Can Only Be Made Before Sessions/ Special Court, Not Magistrate: Karnataka HC
The Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of an accused/ suspect can only be made before the Special Court designated to try cases under the Act. A single judge bench of Justice M Nagaprasanna said, "PMLA mandates that anything emanating from the PMLA shall be considered only by the Special Court." The bench made the observation while allowing the petition filed by one Harsha...
Authorized Officer Not To Await Expiry Of Appeal Period To Take Over Possession Of Attached Property U/S 8(4) PMLA: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Tuesday observed that Section 8(4) of the PMLA Act clearly provides that the authorized officer can forthwith take over possession of the attached property once the order of provisional attachment is confirmed by the Adjudicating Authority. It clarified that the expression "forthwith" used in Section 8(4) of the Act denotes clear intention of the legislature not to wait for the period of limitation prescribed for filing of appeal under Section...
Sick Or Infirm Persons Need Not Satisfy Twin Conditions For Bail Under PMLA: Delhi High Court
The Delhi High Court has said that sick or infirm persons need not satisfy the twin conditions for the grant of bail under Section 45(1) of the Prevention of Money Laundering Act.The twin conditions are that when an accused applies for bail under PMLA, the public prosecutor has to be given an opportunity to oppose the same and if the court is considering grant of bail, there must be reasonable grounds for it to believe that the person is not guilty and is unlikely to commit any offence while on...
In PMLA If Someone Has Been Inside For 3 Years, That's A Good Measure, Says Supreme Court While Granting Bail
The Supreme Court bench comprising Chief Justice U.U. Lalit and Justice Ravindra Bhat, on Friday, granted bail to the former IL&FS director Ramchand Karunakaran. Karunakaran was arrested in 2019 for alleged offences under the Prevention of Money Laundering Act. At the outset, Senior Advocate Kapil Sibal, appearing for the petitioner Karunakaran, stated that he had already served 3 years 3 months and 4 days imprisoned and was 67 years old. He also submitted that the other members of the...
Satyendar Jain Case Transfer | 'Special Judge An Upright Officer But Circumstances Raise Apprehension of Probable Bias': Delhi Court
Transferring the proceedings in a money laundering case against Aam Aadmi Party leader Satyendar Jain to another judge, a Delhi Court today observed that although the special judge, who was hearing the matter, is an upright officer, the overall "circumstances" are sufficient to raise a reasonable apprehension of probable bias in the mind of the Enforcement Directorate.Allowing the central agency's application for transfer the proceedings from the court of Special Judge Geetanjali Goel,...
Long Tenure For ED Director Serves Public Interest, Challenge Against It Politically Motivated : Centre To Supreme Court
From claiming that the petitioners are politically motivated to stating that the legislature's motive in enacting a law cannot be questioned, the Central government has filed a comprehensive counter affidavit supporting the extension of tenure given to the Director of the Directorate Enforcement (ED). This affidavit came in response to a batch of petitions challenging the extension given to the Director of the Directorate of Enforcement. The petitions also challenge Central Vigilance...
Benami Transactions And Arbitrary Confiscation - First Chink In The Armour Of Supreme Court's Landmark PMLA Judgment?
A 3 judge bench of the Hon'ble Supreme Court comprising of the Hon'ble Chief Justice N.V. Ramana, Hon'ble Justice Krishna Murari and Hon'ble Justice Hima Kohli in Union of India vs M/s Ganpati Dealcom Pvt. Ltd, Civil Appeal No. 5783 of 2022 while dealing with a legal question whether the Prohibition of Benami Property Transactions Act, 1988 as amended by the Benami Transactions (Prohibition) Amendment Act, 2016 has a prospective effect or not, has also touched upon the judgement...
PMLA Review: Supreme Court Agrees To Relook Into Aspects Of Providing ECIR To Accused & Negation Of Presumption Of Innocence
The Supreme Court on Thursday issued notice on a petition filed by Congress MP Karti P Chidambaram, seeking review of its July 27 judgment in Vijay Madanlal Choudhary vs Union of India which upheld the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate by the Prevention of Money Laundering Act, 2002.A bench headed by CJI NV Ramana opined that prima facie, two aspects of the judgment upholding the provisions of the Prevention of Money Laundering Act...
PMLA Review,- LIVE UPDATES From CJI Ramana's Bench In Supreme Court
Outgoing Chief Justice of India NV Ramana is hearing several crucial cases on his second last working day(August 25) as a judge of the Supreme Court.On Thursday, CJI Ramana is sitting in six different bench combinations and will hear important cases such as Pegasus, Bilkis Bano remission, review against the PMLA judgment.
BREAKING| Supreme Court Allows Open Court Hearing For Review Against PMLA Judgment; Hearing Tomorrow
The Supreme Court on Wednesday allowed open court hearing in the review petition filed against the judgment upholding the provisions of the Prevention of Money Laundering Act (PMLA).A 3-judge bench comprising Chief Justice of India NV Ramana, Justice Dinesh Maheshwari and Justice CT Ravikumar passed the order allowing oral hearing in the review petition filed by Karti P Chidambaram. It may be noted that review petitions are ordinarily considered in chambers and oral hearing in open court is...