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
PMLA
‘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
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.
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
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.
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.”
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
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.
Online Gaming – Regulating the Cash Cow
by Dr Srikant Parthasarathy† and Dr Amirthalakshmi R††
Cite as: 2022 SCC OnLine Blog Exp 84
Patiala House Court grants bail to Bollywood actress Jacqueline Fernandez in money laundering case
Patiala House Court (New Delhi): In a bail application plea under Section 439 of the Code of Criminal Procedure, 1973
Delhi High Court | PMLA seeks to subserve a larger public policy imperative; Moratorium under S.14 IBC does not affect ED’s attachment power under PMLA
An order of attachment when made under the PMLA does not result in the corporate debtor or the Resolution Professional facing a fait accompli.
2nd India International Conference on “Money Laundering and Collective Response” [12th November 2022]
With India commemorating 20 years of enactment of the Prevention of Money Laundering Act (PMLA), 2002, the impact of newer
Sessions Court rejects Siddique Kappan’s Bail plea in Money Laundering Case
Sessions Court (Lucknow): In a bail application filed by Siddique Kappan for offences under Section 3 of Prevention of Money Laundering Act,
VIPS | National Webinar on “Prevention of Money Laundering Act (PMLA) and its Impact on Corporates”
What are the intricacies of money laundering and how is it prevented? Is there any statute regulating it? Are you curious about
Supreme Court August 2022 Roundup| Justice UU Lalit’s plan as 49th CJI; Benami Property Law; ‘Unconventional’ Families; Release of Bilkis Bano Rapists; Hate Speeches; GST; and more
This roundup contains reports on Justice NV Ramana’s retirement as the 48th CJI; Justice UU Lalit’s plan as new CJI; Rulings on Benami Property law; Unconventional families and their rights; UP CM Yogi Adityanath Hate Speech; Orders on Release of Bilkis Bano’s rapists, PM Security lapse, Pegasus Spyware; PMLA cases; Explainers; Important references to larger/Constitution Benches and ‘Know Thy Judge’ reports on Supreme Court Judges and more.
‘At least two of the issues require reconsideration’; Supreme Court agrees to hear review petition of PMLA verdict
Supreme Court: As Congress MP Karti P. Chidambaram has sought review of the 3-judge bench verdict on the Prevention of Money Laundering
For money launderers “jail is the rule and bail is an exception”: All HC
Allahabad High Court: While addressing a matter with regard to anticipatory bail, Krishan Pahal, J., observed that, Money Laundering being an offence
[Yes Bank Loan Fraud] Public money under garb of Term loan siphoned off, resulting in generation of ‘proceeds of crime’ as well as its layering and ultimate projection as untainted money: Del HC while denying bail to Gautam Thapar
Delhi High Court: While addressing a matter wherein bail of Gautam Thapar accused in Yes Bank Loan Fraud case, was sought, Manoj
Del HC | Does a provision after being declared unconstitutional, gets repealed or wiped out from statute book? HC answers
Delhi High Court: Yogesh Khanna, J., remarked that, Once the Parliament steps in and cures the defect pointed out by a Constitutional