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“The Court also held that it is not necessary that a person against whom the offence under Section 3 of the PMLA is alleged, must be shown as the accused in the scheduled offence.”
Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.
A quick legal roundup to cover important stories from all High Courts this week.
The Court also considered the fact that the accused is a permanent resident of his locality, having his family members and ancestral property, hence, there is no scope of absconding if the accused person is granted bail.
The Former Resident Additional Collector had also set up a honey trap for the District Collector in order to gain access to some controversial land clearance files.
While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
by Aashish Gupta†, Aditya Mukherjee†† and Puneeth Ganapathy†††
“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
The Three Judge Bench will be hearing the matter from 18-10-2023.
On 4-9-2023, the Ministry of Finance notified the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2023 to amend the Prevention
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.
Delhi High Court observed that evidence placed on record lends credence to the fact that the applicant was not merely the paper director but was a director who was actively involved in the working of the SBFL.
A quick legal roundup to cover important stories from all High Courts this week.
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,
The gravity of the allegations against the petitioner are very serious in nature and in view of the peculiar facts, the Court opined that this matter must be visited with a different approach as a deep-rooted conspiracy involving huge loss of public funds has been alleged.
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 54
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
National Financial Reporting Authority: The National Financial Reporting Authority (‘NFRA’) has imposed monetary penalty of Rs. 1.10 Crore on 1 Auditor Firm
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.