ED
PNB Fraud Case | ATFP upholds attachment of Nirav Modi’s aide’s New York property worth $ 7.1 million by ED
Hearing an appeal filed by co-accused Mihir Bhansali’s wife, the Tribunal stated that PMLA, 2002 entitles the attachment of proceeds of crime which are either generated as a result of criminal activity relating to a scheduled offence, or, equivalent value, or, where such proceeds of crime is taken, or, held outside the country.
SC puts stay on Allahabad HC decision directing PMLA Special Court to consider claim in alleged disregard of Rule 3A PMLA Rules, 2016
The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
Delhi High Court sets aside PMLA proceedings by ED against Bhushan Power & Steel Ltd. in view of Section 32A of IBC
A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.
Know Thy Judge | Supreme Court of India: Justice Sandeep Mehta
Justice Sandeep Mehta, formerly the Chief Justice of Gauhati High Court, took oath of office as Judge of Supreme Court of India on 9-11-2023 and will be retiring on 10-01-2028.
Bombay HC imposes Rs 1 Lakh cost on Lalit Modi for seeking indemnification from BCCI against ED’s penalty
“In matters of alleged indemnification of the petitioner in the context of penalties imposed upon Lalit Modi by the ED, there is no question of discharge of any public function, and therefore, for this purpose, no writ could be issued to the BCCI.”
[Cash-for-Job Scam] SC emphasises right to liberty, says undertrial incarceration should not amount to punitive detention while granting bail to TMC’s Partha Chatterjee
The Court expedited the Trial and directed the Trial Court to decide on framing of charges before the commencement of the winter vacations or before 31-12-2024 and then fix a date for recording the statements of prosecution witnesses who are the most material or vulnerable.
[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case
The Delhi excise liquor policy scam involved two parallel investigations by the CBI and the ED regarding irregularities in the formulation and implementation of the excise policy of the Government of the National Capital Territory of Delhi (GNCTD) for the year 2021-2022.
West Bengal Coal Scam | SC dismisses Abhishek Banerjee and wife Rujira’s appeal against ED summons
In 2020, a FIR was registered by the CBI, ACB, Kolkata in respect of alleged illegal excavation and theft of Coal taking place in the leasehold areas of Eastern Coalfields Limited (ECL). Eventually ED issued summons in 2021 to the Appellants seeking their presence and documents pertaining to the matter.
[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair
A conspiracy was hatched by Vijay Nair along with others to get the undue benefits by circumventing the provisions of the of the excise policy of GNCTD of Delhi for the year 2021-22.
Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
Supreme Court issues notice to CBI on Arvind Kejriwal’s bail plea
Delhi Chief Minister Arvind Kejriwal was denied interim bail in CBI matter. The CBI arrested him on 26-06-2024, while he was in judicial custody in ED’s matter.
Delhi Excise Liquor Policy Scam| Supreme Court grants bail to Manish Sisodia in both ED and CBI cases
“It will be travesty of Justice if he has to be relegated to Trial Court again. Sisodia has been deprived of the right to speedy trial, which is a sacrosanct right”.
Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
[Delhi Excise Policy Scam] Delhi’s Rouse Avenue Court sends Arvind Kejriwal to judicial custody till July 12 in CBI case
Arvind Kejriwal was granted bail by the Trial Court in the money laundering case on 20-06-2024. However, the Delhi High Court issued an interim stay on the grant of bail the following day after the ED moved a plea. Following this, he was arrested by the CBI on 26-06-2024 and remanded to CBI custody till 29-06-2024
[Manish Sisodia Bail] SC grants liberty to AAP’s Manish Sisodia to revive bail plea after final chargesheet is filed by ED/CBI by July 3
The Court did not grant relief to Sisodia in his bail plea against Delhi High Court’s decision but granted him the liberty to revive his prayer afresh after filing of the final complaint/Charge sheet on or before 03-07-2024, after considering the assurance by Prosecution.
‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence
The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.
Supreme Court disposes of Hemant Soren’s plea complaining against delay by HC in deciding his arrest by ED in land scam case
Hemant Soren had resigned from the post of Chief Minister of Jharkhand on January 31, 2024.
Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail
The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.
Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night
Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.