PMLA
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,...
Delhi Court Issues Notice To Sonia Gandhi, Rahul Gandhi In National Herald Money Laundering Case
A Delhi Court on Friday issued notice to Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case.Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts passed the order. Earlier this month, ED filed the prosecution complaint against the Gandhis in the case. The fresh prosecution complaint has been filed under sections 44 and 45 of Prevention of Money Laundering Act (PMLA) 2002 for commission of offence of money laundering. The controversy centers...
Delhi Court Refuses To Issue Notice To Sonia Gandhi, Rahul Gandhi In National Herald Money Laundering Case For Now
A Delhi Court on Friday refused to issue notice to Congress leaders Sonia Gandhi and Rahul Gandhi in the National Herald money laundering case for now.Special Judge (PC Act) Vishal Gogne of the Rouse Avenue Courts observed that such an order cannot be passed till the Court is fully satisfied. The judge said that certain documents were missing in the chargesheet (prosecution complaint) filed by the Enforcement Directorate (ED).The Court said that ED must file the said documents first and then the...
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...
"Further Incarceration Would Violate Rights Under Article 21": Madras HC Grants Bail To Former DMK Functionary Jaffer Sadiq Arrested By ED
The Madras High Court has granted bail to former DMK functionary Jaffer Sadiq and his brother Mohammed Saleem who were arrested by the Enforcement Directorate in connection with a PMLA case. Considering that the trial was not likely to be completed in the near future, Justice Sunder Mohan opined that further incarceration would violate the rights under Article 21 of the Constitution. Thus, the court was inclined to grant bail on certain conditions to ensure that the duo would be...
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...
'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...
Book Launch: 'The PMLA Evolution – Judgments That Transformed The Prevention Of Money Laundering Act 2002' Authored By Adv. Sunny Punamiya
The launch of the book “The PMLA Evolution – Judgments that Transformed the Prevention of Money Laundering Act, 2002” was a significant and well-attended event held recently in Mumbai. The evening saw the presence of some of the most respected names in the legal fraternity, who came together to celebrate a book that promises to simplify one of the most complex areas of law—money laundering.The book was formally released by four eminent dignitaries:Justice Swatantra Kumar, Retired Judge...
Till Conviction Rate In PMLA Cases Improves, People Will Remain Sceptical About ED Arrests: Justice Ujjal Bhuyan
Even though the Prevention of Money Laundering Act (PMLA) is an important weapon to combat money laundering, its abysmally low conviction rates are one of the major reasons for the Supreme Court to grant bail in cases arising from the said act, Justice Ujjal Bhuyan said on Sunday.The judge pointed out that from 2014 to 2024, while the Enforcement Directorate (ED) has lodged over 5.3 thousand cases, but the agency has managed to secure convictions only in 40 such cases. "The PMLA is a weapon...