PMLA
‘ED is not a Super-Cop’: Madras High Court reiterates presence of predicate offence being essential ingredient for ED to seize jurisdiction
When any investigating agency, on the intimation from the ED, commences investigation then the ED can investigate into those aspects provided there are “proceeds of crime” of the predicate offence. However, if no such case is found, then the ED cannot suo-motu proceed with the investigation.
‘Investigation reveals accused’s active role and link to proceeds of crime’: Kerala HC denies bail in Chinese Loan App Money Laundering Case
“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”
Balancing Enforcement and Enterprise: A Case Study on M3M’s Substitution of Attached Property under the PMLA
by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***
2025 SCC Vol. 5 Part 5
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
Bringing Art into Frame: A Case for Including Art Market Participants under the PMLA
by Avik Biswas*, Rithika Reddy** and Prerna Acharya***
Delhi High Court permits two persons allegedly involved in Rs 1626 crore bank fraud case to travel abroad
The right to travel has been held by the Supreme Court as an integral part of the fundamental right to life under Article 21 of the Constitution, and any restriction of the same without sufficient cause, would amount to a violation of his fundamental rights.
Gujarat HC allows Sai Infosystem Ltd’s Sunil Kakkad to travel to UAE for business amid ongoing multi-crore bank fraud case
The Union contended that Sunil had not paid anything to the various banks that had given credit facilities amounting to approximately Rs. 2947 Crores to the Sai Infosystem (India) Ltd.
Supreme Court unlocks the right to access documents under PMLA
by C. George Thomas* and Ansh Mittal**
Delhi High Court: FEMA does not immunize IPC offences; ₹3,500 Cr Hawala accused can’t escape criminal charges
The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.
Justice Bela Madhurya Trivedi, bids adieu to Supreme Court after tenure of 4 years
Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, became the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and is a Limca Book of Records holder.
Read why SC refused bail to retired IAS Pradeep Nirankarnath Sharma in illegal land allotment case
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
Court cannot substitute the doctor’s opinion with its own; Delhi Court extends interim bail on medical grounds in PMLA case
It is the applicant’s case that he had undergone the aforesaid spinal surgery involving insertion of screws, at VNA Hospital, on 15-01-2025 and was admitted there till 20-01-2025, after which he continues to be in severe pain and has been advised bed rest for 6 weeks, as recently as on 17-02-2025.
CRIMINAL LAW ROUNDUP: A quick recap of the top criminal cases from February 2025
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
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.
HIGH COURT FEBRUARY 2025 WEEKLY ROUNDUP | Stories on Marital Rape; Peter England’s Trade mark; Maggie; MP Abdul Rashid’s parole; and more
A quick legal roundup to cover important stories from all High Courts this week.
Cryptic orders while granting bail in money laundering cases without considering Section 45 PMLA mandate can’t be vindicated: SC
“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
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.
‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Bombay HC refers matter to Larger Bench
Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.