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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.
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.
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.
“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.”
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.
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.
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.
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.
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
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.
“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”.
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.
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
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.
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.
Hemant Soren had resigned from the post of Chief Minister of Jharkhand on January 31, 2024.
The Delhi High Court directs for a Medical Board to be constituted at AIIMS to examine the deteriorating health of ailing accused.
Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.
Central Board of Investigation submitted in the Court that K Kavitha was not responding to them.
“Mere registration of ECIR does not make a person an accused”