Bringing you the Best Analytical Legal News
The habeas Corpus petition was filed in relation to the cash-for-jobs scam case, in which the Tamil Nadu Minister and DMK MLA V Senthil Balaji, among others, has been accused of accepting bribes from candidates in exchange of appointment to the State Transportation Corporation
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
The action came following the Supreme Court’s decision, wherein the Court allowed the appeals arising out of the order for de novo investigation and set aside the directions issued in the original petition for de novo investigation. Further, the Court allowed the ED to continue its investigation.
Following the arrest, Senthil Balaji complained of chest pain and was taken to Government hospital for a medical checkup.
The petitioner was seeking interim bail for a period of six weeks in a case registered for the offences punishable under Sections 3 & 4 of the Prevention of Money Laundering Act, 2002 on the ground of illness of his wife Mrs. Seema Sisodia.
What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.
Delhi High Court observed that repeated petitions seeking to interdict the proceedings before Lokpal would defeat the very purpose of the legislation.
The Telangana High Court quashed ED case against Sukesh Gupta and opined that the differential amount of rupee dollar fluctuation could be termed as an outstanding which could be recovered in a civil suit but could not be termed as ‘proceeds of crime’.
Delhi High Court observed that in absence of any cogent, supervening circumstances necessitating cancellation of bail of the respondent/accused, the Court cannot merely cancel the bail so granted.
Allahabad High Court said that there was no requirement to take the accused into custody when he appeared before the Trial Court and cooperated in the investigation throughout, and the Investi gating Agency has never thought to arrest him under Section 19 of the PMLA
The Status Report submitted by CBI suggested that a departmental inquiry must be initiated against Mr. Anupam Srivastava, the then CMD, BSNL as Head of the Management Committee of BSNL for making modifications in the payment milestone without deliberating upon the efforts to acquire the sites which resulted into financial loss and technical degradation.
The petitioner had contended that on account of his wife’s death, he was released on interim bail and had duly complied with all the conditions and had timely surrendered himself. The petitioner had also mentioned the fact that the two main accused in the case were enlarged on bail three years ago who were residents of Kanpur, Uttar Pradesh.
The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.
Sharper laws, active regulatory oversight and new reforms to encourage foreign investments in promising sectors can provide a springboard to the economy,
by Dr Srikant Parthasarathy† and Dr Amirthalakshmi R††
Cite as: 2022 SCC OnLine Blog Exp 84
by Sucheta Sarkar†
Patiala House Court (New Delhi): In a bail application plea under Section 439 of the Code of Criminal Procedure, 1973
City Sessions Court, Mumbai: In a bail application filed by Pravin Raut (A3) and Sanjay Raut (A5) against arrest made
Sessions Court (Lucknow): In a bail application filed by Siddique Kappan for offences under Section 3 of Prevention of Money Laundering Act,