
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part III
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 54
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.
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44
On 9-5-2023, the Ministry of Finance notified that the following activities when carried out in the course of business on behalf of
by Srikant Parthasarathy† and Amirthalakshmi R.††
Cite as: 2023 SCC OnLine Blog Exp 26
A quick legal roundup to cover important stories from all High Courts in February 2023
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 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.
Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful
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.
“The Courts must certainly step in and thwart any and all kinds of injustice, malafide and/or arbitrary exercise of executive power on the liberty of the citizens of this country; however, in absence of the same, any judicial interference in the domain of the executive, would be unwarranted.”
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
by Dr Srikant Parthasarathy† and Dr Amirthalakshmi R††
Cite as: 2022 SCC OnLine Blog Exp 84
Patiala House Court (New Delhi): In a bail application plea under Section 439 of the Code of Criminal Procedure, 1973
An order of attachment when made under the PMLA does not result in the corporate debtor or the Resolution Professional facing a fait accompli.