Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
PMLA
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more
A quick legal roundup to cover important stories from all High Courts this week.
Not mandatory for PMLA special court to record reasons for cognizance of ED’s Complaint unlike a private complaint under CrPC or BNSS: Delhi High Court
Delhi High Court affirmed that Explanation-II of Section 44(1)(b) of the PMLA applies retrospectively
Is mere possession of proceeds of crime enough to invoke PMLA? Madras HC answers
“PMLA, being a special and standalone statute, the trial proceedings under this Act do not have any bearing on the trial proceedings or the outcome of the trial proceedings of the scheduled offence.”
Beyond Borders: Transnational Effect of PMLA on Offences Committed Abroad
by Juvraj Singh Bindra* and Bhawna Lakhina**
[Delhi Excise Liquor Policy] Supreme Court grants bail to Delhi CM Arvind Kejriwal in CBI case
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.
Supreme Court grants bail to Bhushan Steel former MD Neeraj Singal in money laundering case
Neeraj Singal was arrested by the Enforcement Directorate on 09-06-2023 in a bank fraud and money laundering case
[Delhi Excise Liquor Policy Case] Supreme Court grants bail to AAP’s Vijay Nair
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.
Incriminatory Statement given by PMLA accused in custody is inadmissible in another money laundering case: Supreme Court
“Article 21 being a higher constitutional right, statutory provisions should align themselves to the said higher constitutional edict”
Supreme Court grants bail to K. Kavitha in Delhi Excise Liquor Policy Scam
The CBI and the ED have claimed that K. Kavitha was involved in the exchange of bribes and money laundering in connection with the Delhi Excise Policy
“Proceeds of Crime” under PMLA: Whether includes Properties acquired before commission of the Scheduled Offence
by Ajay Wadhwa* and Ragini Handa**
Supreme Court grants bail to Sunil Agrawal, Promoter of Indermani Group, in Money Laundering case
Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.
‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court
Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.
Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar
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.
Know Thy Judge | Justice Chandra Dhari Singh: A symbol of Perseverance and Legal Brilliance
Justice C.D. Singh, who hails from Sultanpur is a first-generation lawyer and has established a name for himself in the legal fraternity for his tenacity. Justice C.D. Singh’s journey from an advocate to a Judge of Allahabad High Court and later Delhi High Court, has made him a symbol of perseverance and dedication for anyone who aspires to succeed in law.
Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam
The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.
[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition
“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”
Preserving Foundational Rights: Supreme Court Reaffirms Importance of Informing Accused of Grounds of Arrest in UAPA Offences
by Vasantha Rajasekaran† and Harshvardhan Korada††