PMLA Archives

Experts Corner Siddharth R Gupta

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

Experts Corner Siddharth R Gupta

Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II

by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53

Case Briefs Tribunals/Commissions/Regulatory Bodies

NFRA imposes monetary penalty of Rs. 1.10 Crore on Auditors of Coffee Day Enterprises Ltd.

National Financial Reporting Authority: The National Financial Reporting Authority (‘NFRA’) has imposed monetary penalty of Rs. 1.10 Crore on 1 Auditor Firm

Case Briefs Supreme Court

Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam

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.

Experts Corner Siddharth R Gupta

Landmark Judgments on Prevention of Money Laundering Act by the Supreme Court and High Courts in 2022 Part I

by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44

Legislation Updates Notifications

MoF widens ambit of “Person carrying on designated business or profession” under PMLA

On 9-5-2023, the Ministry of Finance notified that the following activities when carried out in the course of business on behalf of

Case Briefs High Courts

‘Infirmity’ must consist of a disability that incapacitates a person to perform ordinary routine activities; Delhi High Court grants bail to former director of Shakti Bhog Foods Limited

Delhi High Court observed that granting bail on every sickness will render the proviso to section 45(1) PMLA otiose, to be invoked only where the sickness suffered is so serious and life endangering that it cannot be treated in jail.

Experts Corner Srikant Parthasarathy

PMLA – Crypto Currency: When Prevention is Better than Cure

by Srikant Parthasarathy† and Amirthalakshmi R.††
Cite as: 2023 SCC OnLine Blog Exp 26

High Court Round Up Legal RoundUp

HIGH COURT FEBRUARY 2023 ROUNDUP| 100+ Stories on Agnipath Scheme; Google LLC’s download warning; Medical Negligence; Money laundering; Reservation; and more

A quick legal roundup to cover important stories from all High Courts in February 2023

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

‘Trial Court has taken custody of accused without following the settled proposition of law’; Allahabad High Court grants bail to accused in PMLA case

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

Case Briefs Supreme Court

Supreme Court grants bail to the accused for economic offences under PMLA on having served 50% of his sentence

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.

Case Briefs District Court

Lucknow Court signs release order of Siddique Kappan after being granted bail for offences under PMLA and UAPA

Sessions Court, Lucknow: In a case filed by the Enforcement Directorate against Kerala journalist Siddique Kappan, who was incarcerated under the Unlawful

Case Briefs High Courts

Provisional Attachment Order rests merely on an assumption of ED; Delhi High Court quashes Order passed by ED being arbitrary and illegal

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.

Case Briefs High Courts

Explained | Why Rajasthan High Court denied relief to Robert Vadra in Money Laundering Case

“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.”

Legal RoundUp Supreme Court Roundups

2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup

With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a

Case Briefs High Courts

Allahabad High Court grants bail to journalist Siddique Kappan in PMLA case

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.