Supreme Court
Supreme Court Refuses To Interfere With Denial Of Anticipatory Bail To Chartered Accountant In PMLA Case
The Supreme Court recently refused to interfere with the Delhi High Court's order denying anticipatory bail to chartered accountant Bhaskar Yadav in a Rs. 640 crore money laundering case linked to fraudulent investment and part-time job schemes.“We do not find any ground to interfere with the impugned order passed by the High Court,” a Bench of Justices M.M. Sundresh and Augustine George Masih observed while dismissing Yadav's special leave petition. The court, however, granted Yadav 10 days'...
Confiscation Under PMLA Cannot Proceed While Appeal Against Attachment Is Pending: Supreme Court
The Supreme Court on Friday (February 6) held that confiscation proceedings under the Prevention of Money Laundering Act (PMLA) cannot be taken forward while an appeal against the confirmation of attachment is pending before the Appellate Tribunal. The Court clarified that once an attachment order passed under Section 8(3) of the PMLA is challenged under Section 26, a “deemed embargo” operates, preventing the Special Court from deciding confiscation proceedings under Section 8(7) until the...
Supreme Court Restores Property Of Corporate Debtor Attached Under PMLA To Successful Resolution Applicant
The Supreme Court recently reiterated that the objective of Section 8(8) of the Prevention of Money Laundering Act(PMLA) is to ultimately restore any attached properties to the bonafide successful resolution application(SRA) who have a legitimate interest in it.Section 8(8) allows the Special Court to direct the Central Government to restore property that has been confiscated under the Act to a person or claimant who has a legitimate interest in it, upon conclusion of the trial. However, second...
Sandesara–Sterling Group Loan Fraud | Supreme Court Quashes Criminal Cases After Accused Agree To Pay Rs 5,100 Crore To Banks
The Supreme Court recently quashed all criminal and civil proceedings against Hemant S. Hathi and Chetan Jayantilal, accused in the Sandesara–Sterling Group bank fraud case, after they agreed to deposit Rs 5,100 crore as full and final settlement with lender banks.A bench of Justice JK Maheshwari and Justice Vijay Bishnoi, however, clarified that the directions were issued in the peculiar facts of the case with the purpose of protecting public money, and will not operate as a precedent.“it is...
Supreme Court Seeks ED's Response On Ex-Tamil Nadu Minister Senthil Balaji's Plea To Relax Bail Conditions In Money Laundering Case
The Supreme Court today issued notice on an application filed by ex-Tamil Nadu Minister V Senthil Balaji seeking relaxation of his bail conditions in the money laundering case arising out of the cash-for-jobs 'scam'.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, after hearing Senior Advocates Kapil Sibal and Narendra Hooda. Advocate Zoheb Hossain appeared for ED and Senior Advocate Gopal Sankaranarayanan represented complainant-Y Balaji.During the hearing, Sibal...
Vasai-Virar Illegal Constructions Case: Supreme Court Issues Notice On ED's Challenge To HC Quashing Arrest Of IAS Officer
The Supreme Court today issued notice on a plea filed by the Enforcement Directorate challenging Bombay High Court's declaration of suspended IAS officer and Vasai Virar City Municipal Commissioner Anilkumar Pawar's arrest as illegal.A bench of Justices Vikram Nath and Sandeep Mehta passed the order, after hearing Additional Solicitor General SV Raju (for ED). On a specific Court query, the ASG informed that the photographs of ornaments (stated to be recovered during raids) were taken prior...
Supreme Court Refuses To Quash Money Laundering Case Against JSW Steel Over Dealings With Obulapuram Mining Company
The Supreme Court today refused to quash PMLA proceedings against JSW Steel Limited in relation to alleged illegal mining by mining companies owned by former Karnataka minister G. Janardhana Reddy.A bench of Justice Dipankar Datta and Justice Augustine George Masih noted that JSW steel is no more an accused in the predicate offence investigated by the CBI, and the ECIR also doesn't name JSW Steel as an accused. The Court noted that ED's money laundering complaint was based only on...
Supreme Court Refuses To Entertain Ex-Chhattisgarh CM Bhupesh Baghel's Challenge To S.44 PMLA On ED's Further Investigation Powers
While refusing to entertain former Chhattisgarh Chief Minister Bhupesh Baghel's challenge to the constitutional validity of Section 44 of PMLA, the Supreme Court today allowed persons aggrieved by violations of 'further investigation' powers of Enforcement Directorate to approach jurisdictional High Courts.Briefly put, Baghel's petition assailed the Explanation to Section 44 PMLA as per which “the complaint shall be deemed to include any subsequent complaint in respect of further investigation...
'HC Interfered Prematurely' : Supreme Court On Delhi HC Deferring PMLA Charge Hearing Against Karti Chidambaram MP
The Supreme Court today issued notice on Enforcement Directorate's plea against a Delhi High Court order which deferred arguments on charge against Congress MP Karti Chidambaram in the PMLA proceedings related to Chinese visa and Aircel Maxis cases.A bench of Justices Surya Kant and Joymalya Bagchi passed the order, after hearing Additional Solicitor General SV Raju (for ED), who questioned why PMLA trial should await framing of charges in the predicate offense.At first, Justice Kant expressed...
