The Concept Of 'Continuing Offence' Under Prevention Of Money Laundering Act

The provisions of Prevention of Money laundering act again caught attention when AM Singhavi argued that the act is being retrospectively applied in case of Mr. P. Chidambaram. Dr. Singhavi asserted that Mr. Chidambaram cannot be tried for an offence which was not a 'scheduled offence' under PMLA in 2007. However Solicitor general Tushar Mehta contended that the nature of offence is continuing in nature hence there is no retrospective application in effect. Mr. Mehta further contended...

Justice Sunil Gaur, Who Denied Bail To Chidambaram, Tipped To Head PMLA Appellate Tribunal

Government is likely to appoint Justice Sunil Gaur, who had rejected the bail plea of former finance minister P Chidambaram in the INX Media case, as chairman of the PMLA Appellate Tribunal, reports PTINotably, three days before retirement, Justice Gaur had denied anticipatory bail to former Union Finance Minister P Chidambaram by terming him the "kingpin and key conspirator" of the INX Media scam case.The order passed by Justice Gaur is presently under challenge in the Supreme Court, with...

INX Media - There Is No Retrospective Application Of PMLA Against Chidambaram : Solicitor General

Countering the arguments of Chidambaram's lawyers that Prevention of Money Laundering Act was being retrospectively applied to Chidambaram, Solicitor General Tushar Mehta submitted on Wednesday that the money laundering continued even after the 2007 INX FDI deal. Senior Advocate Dr A M Singhvi had submitted yesterday that sections added to PMLA in 2009 were invoked against Chidambaram with respect to the INX FDI transaction carried out in 2007.The Solicitor General will continue the arguments...

INX Media : How Can Chidambaram Be Painted 'Kingpin' For An Offence Which Didn't Exist In 2007, Singhvi Asks In SC

Singhvi argued that PMLA was being retrospectively applied against Chidambaram.

Chidambaram's Custody Needed To Unravel Layers Of Money Laundering In INX Media Case, ED Tells SC [Read Affidavit]

Stating that there existed prima facie 'reasons to believe' that former Union Finance Minister P Chidambaram has indulged in money laundering, the Enforcement Directorate has filed a counter-affidavit in the Supreme Court, opposing his plea for pre-arrest bail.The ED has claimed that it has 'substantial evidence' to believe that Chidambaram and his aides created a web of shell companies to route and launder the kickbacks received for granting approval to Foreign Direct Investment by INX...

Non-Filing Of Chargesheet Within 3 Months Cannot Be A Ground For Revoking Suspension Order: Delhi HC [Read Judgment]

Delhi High Court refused to revoke the order passed by the Central Administrative Tribunal continuing the suspension of a senior government officer on the grounds of pending investigation against him for serious crimes. The court noted that by virtue of his position, if allowed reinstatement, he would be in a position to influence the witnesses. The present petition was filed against the order of the Central Administrative Tribunal which rejected the Petitioner's Original Application...

SC Cancels RERA Registration Of Amrapali; Asks NBCC To Take Over Noida Projects [Read Judgment]

In a major relief to thousands of homebuyers, the Supreme Court on Tuesday cancelled the registration of Amrapali group under Real Estate (Regulation and Development) Act 2016, and directed the National Building Construction Corporation take over its pending construction projects in Greater Noida and Noida.The bench of Justices Arun Mishra and U U Lalit found that Amrapali group had siphoned off homebuyers money with the connivance of Greater Noida and Noida authorities.The Court has directed...

SC Seeks Centre's Reply On Jairam Ramesh's Plea Against Amendments To PMLA By Money Bills

The Supreme Court Tuesday sought response from the Centre on a plea by Congress MP Jairam Ramesh challenging the amendments made to the money laundering law, PMLA, through money bills since 2015 on the ground that they violated the Constitution.A bench comprising Justices S A Bobde and B R Gavai issued notice to the Centre on the appeal filed by Ramesh who has challenged the Delhi High Court's February 28 order dismissing his similar plea.Senior advocate P Chidambaram, appearing for Ramesh, told...

All PNB Scam Cases To Be Heard By One Court Designated Under Both PMLA And Prevention Of Corruption Act: Bombay HC [Read Order]

The Bombay High Court ruled on Wednesday that one court designated under both the Prevention of Money Laundering Act (PMLA) and the Prevention of Corruption Act (PC) will hear all cases related to the Rs.11,400-crore PNB scam led by absconding diamond merchant Nirav Modi.Justice Mridula Bhatkar directed Principal Judge of the City Civil & Sessions Court, Greater Mumbai, to assign these cases to a Judge who is having the powers as the designated judge under both Acts.The court was hearing...

IBC Overrides PMLA; No Attachment Possible Under PMLA During Insolvency Process : NCLT [Read Order]

The Adjudicating Authority under PMLA does not have jurisdiction to attach the properties of the Corporate Debtor undergoing Corporate Insolvency Resolution Process

Sentences Under PCA, PMLA, FERA And Benami Property Law Should Run Consecutively, Not Concurrently: Petition Before SC [Read Petition]

A Petition has been filed before the Supreme Court seeking a declaration that the sentences under the Prevention of Corruption Act, 1988, Prohibition of Benami Property Transaction Act, 1988, The Prevention of Money Laundering Act, 2002 (PMLA), And Foreign Contribution (Regulation) Act, 2010 (FCRA) should run consecutively, instead of concurrently.The Petition, filed by BJP leader and Advocate Ashwini Kumar Upadhyay refers to a proposal put forth by Deputy Chairman of the Supreme...

Aadhaar Hearing [Day 15] Introduction Of Aadhaar Bill As Money Bill Unconstitutional: Datar, Chidambaram

Datar expressed the need for review of the judgment in Binoy Viswam (upholding the mandatory linkage of Aadhaar with PAN card in view of Section 139AA of the IT Act, 1961).On Day 15 of the Aadhaar hearing, senior counsel Arvind Datar, appearing on behalf of the petitioners, has advanced that the introduction of the Aadhaar (Targeted Deliveries of Financial and Other Subsidies, Benefits and Services) Act of 2016 as a Money Bill was unconstitutional and that it could have, at the most, been...