Delhi HC: Ancestral property can be attached under PMLA if property represents value equivalent to proceeds of crime
“The plea of the property being ancestral does not ipso facto grants immunity from attachment under the PMLA.”
Prevention of Money Laundering Act 2002
Delhi High Court: Profits earned from illegal cricket betting can be attached as ‘proceeds of crime’ under PMLA
The petitioners were engaged in large scale hawala transactions and illegal international cricket betting that were conducted through a Super Master Login Id and by creating subordinate Ids for individual bettors and earning commission.
Rajasthan High Court: Can arrest warrants be converted into bailable warrants in economic/heinous offences? Larger Bench to decide
“Judicial decorum and legal propriety mandates that where a Single Bench or Division Bench does not agree with the decision of the Bench of co-ordinate jurisdiction, the matter should be referred to a Larger Bench.”
‘Commission would interfere with PMLA investigations’, Kerala HC affirms stay on State-ordered judicial inquiry into ED in UAE Gold Smuggling Case
“The audio clip and letter found, alleged coercion of ED officers to implicated CM Pinarayi Vijayan and other political leaders in a case involving seizure of 30 kg of gold worth Rs 14.82 crore at the Thiruvananthapuram International Airport on 06-07-2020, which was allegedly marked as ‘Diplomatic Baggage’ and was being sent to the UAE Consulate.”
Case Reported in HCC | Delhi, Bombay & Calcutta High Courts on Economic offences
Explore latest cases reported in SCC’S High Court Cases (HCC) on matter related to the Prevention of Money Laundering Act, 2002 and the Prevention of Corruption Act, 1988 covering critical issues related to power of authorities regarding summons, Bail, Sanction for prosecution, Grounds of Incomplete investigation, Interpretation of “reasonable grounds for believing” under S. 45 PMLA, and more.
Bombay High Court quashes money laundering case against Chamankar Enterprises in Maharashtra Sadan Scam
Anti-Corruption Bureau probed irregularities in granting of Rs 100 crore contract to the petitioners for three projects including the construction of Maharashtra Sadan in New Delhi. Based on such findings, Enforcement Directorate registered separate money-laundering case against the petitioners.
MPID Act: Beyond Just a Criminal Statute
by Bhomesh Bellam*
Delhi High Court dismisses Amtek Group promoter’s petition to quash his arrest and remand orders in money laundering case
It is not the petitioner’s case that he was not supplied with the grounds of arrest at the time of the arrest and prior to the remand being sought. The remand application was detailed, and contained, effectively the same set of facts as were stated in the grounds of arrest.
‘Proceedings under PMLA are always subservient to primary proceedings’; Punjab and Haryana HC close ED proceedings arising out of ECIR in light of acquittal in primary offence
The Court opined that since Enforcement Case Investigation Report (‘ECIR’) is not a condition precedent for starting an investigation or inquiry by the Enforcement Directorate and is only an internal record of the department, its quashing would serve no purpose whatsoever.
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.”
Orissa HC grants bail to a woman accused under PMLA considering pre-trial detention of 1 year and delay in completion of trial
“The Court, recognizing the significant delay in trial commencement and the uncertainty around its duration, granted bail to the accused and also extended the benefit of the proviso to Section 45 of the PMLA.”
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.”
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.
[Illegal Coal Levy Scam] ‘Actively participated in extortion racket, managed illegal cash’: Chhattisgarh HC denies anticipatory bail to alleged mastermind’s brother
“It is revealed during the investigation by Enforcement Directorate that the applicant is the brother and a close associate of the mastermind behind the present illegal coal levy scam and, is having strong links with politicians and businessmen in Chhattisgarh.”
Here’s why Supreme Court dismissed Rana Ayyub’s challenge to Ghaziabad Special Court’s territorial jurisdiction in Money Laundering case
Explaining the scope of the territorial jurisdiction of Special Court under the Prevention of Money-laundering Act, 2002, the bench of V Ramasubramanian and JB Pardiwala, JJ also held that the trial of the scheduled offence should follow the trial of the offence of money-laundering and not vice versa.
Bail should not be granted only when person was in the condition of dying; Delhi High Court direct authorities for avoid giving long dates for medical check-up
The Delhi High Court held that grant of bail should not be considered only when the person was in the condition of dying and the authorities should not give long dates to the prisoners for their medical check-up and instead act with promptness, so that check-up could be conducted early.
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
The Fundamental Tussle between Bails and Fundamental Rights: Analysing the Vijay Chaudhary Judgment and Determining a Way Forward
by Swarnendu Chatterjee†
Cite as: 2022 SCC OnLine Blog Exp 66
‘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