[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC
“Mere registration of ECIR does not make a person an accused”
PMLA
On Procedure and Propriety: Travails of an Innocent Purchaser of Tainted Property under the PMLA Framework
by Onkar Thakur†, Nalin Jha†† and Saksham Chaturvedi†††
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters
In 2018, the National Company Law Tribunal approved the resolution plan submitted for Amtek Auto by Liberty House, which was settled with 80% haircut for Deccan Value Investors in November 2021
75 Landmark Judgments on Constitutional Law by the Supreme Court in 2023 Part III
by Siddharth R. Gupta* and Prakruthi N.**
Cite as: 2024 SCC OnLine Blog Exp 20
Whether power u/s 8 of PMLA conferred on Adjudicating Authority can be exercised only by member having experience in law: Telangana HC clarifies
“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”
Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable
Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners
Delhi High Court refuses to interfere with corruption proceedings against Jharkhand Mukti Morcha’s Shibu Soren
The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.
Delhi High Court quashes charges under Prevention of Money Laundering Act against doctor accused of being involved in illegal kidney transplantation racket
“It was also alleged that illegal kidney transplantation was the only occupation of the petitioner, and his entire earnings were from this source only.”
10 Important White-Collar Law Judgments of 2023
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 3
Delhi High Court dismisses plea of PMLA accused(s) alleging illegal detention for want of judicial order granting judicial custody
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
Criminal Conspiracy to be ‘scheduled offence’ under PMLA only if conspiracy is to commit an already Scheduled offence: Supreme Court
“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 upholds Special Designated Court’s power to try scheduled as well as other offences under PMLA
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.
HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more
A quick legal roundup to cover important stories from all High Courts this week.
Orissa High Court grants bail to a blind PMLA accused in chit fund scheme case for lack of evidence
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.
Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants 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.
[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused
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.
Bail under PMLA-Presumed Guilty Until Proven Guilty
by Aashish Gupta†, Aditya Mukherjee†† and Puneeth Ganapathy†††
Cite as: 2023 SCC OnLine Blog Exp 77
S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC
“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”
[Money Laundering] Supreme Court constitutes 3 Judge Bench to hear review against Vijay Madanlal Judgment
The Three Judge Bench will be hearing the matter from 18-10-2023.