PMLA
Conflict Of Laws : PMLA v. SARFAESI Act
Conflict of laws is as old as the legal system itself. One such conflict that litigators tend to face frequently is the conflict between Prevention of Money Laundering Act, 2002 (‘PMLA’) and Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’.) To understand the objective behind enactment of the PMLA, first it is essential understand what “Money Laundering” means in general parlance. Money laundering is the process of...
Delhi High Court Cautions PMLA Adjudicating Authority About Passing ‘Templated Orders’
The Delhi High Court has cautioned the Adjudicating Authority under Prevention of Money Laundering Act, 2002 (PMLA) about passing “templated orders” and said that using “identical templated paragraphs” must be avoided.“Use of identical templated paragraphs could reflect as non-application of mind by the Authority concerned and hence ought to be avoided. The Adjudicating Authority...
Cattle Smuggling: Calcutta High Court Paves Way For ED To Take Anubrata Mondal To Delhi, Dismisses Challenge To Production Warrant
A special bench of Calcutta High Court on Saturday dismissed with exemplary cost, a petition filed by Anubrata Mondal, TMC’s leader and accused in West Bengal Cattle smuggling case, challenging the production warrant issued by a Special CBI Court, Delhi in PMLA case.Mondal was arrested under Section 3 (Offence of money-laundering) and Section 4 (Punishment for money-laundering) of...
Cattle Smuggling: Calcutta High Court Paves Way For ED To Take Anubrata Mondal To Delhi, Dismisses Challenge To Production Warrant
A special bench of Calcutta High Court on Saturday dismissed with exemplary cost, a petition filed by Anubrata Mondal, TMC’s leader and accused in West Bengal Cattle smuggling case, challenging the production warrant issued by a Special CBI Court, Delhi in PMLA case.Mondal was arrested under Section 3 (Offence of money-laundering) and Section 4 (Punishment for money-laundering) of...
Take Expeditious Steps For Appointing Chairperson, Other Members Of PMLA Appellate Authority: Delhi High Court To Centre
The Delhi High Court has directed the Union Government to take expeditious steps for appointing Chairperson and other members of the Appellate Authority under Prevention of Money Laundering Act, 2002 (PMLA) within eight weeks. Taking judicial notice of the fact that there are a “large volume of cases” pending under PMLA, Justice Prathiba M Singh said that there is a “dire need”...
Take Expeditious Steps For Appointing Chairperson, Other Members Of PMLA Appellate Authority: Delhi High Court To Centre
The Delhi High Court has directed the Union Government to take expeditious steps for appointing Chairperson and other members of the Appellate Authority under Prevention of Money Laundering Act, 2002 (PMLA) within eight weeks. Taking judicial notice of the fact that there are a “large volume of cases” pending under PMLA, Justice Prathiba M Singh said that there is a “dire need”...
Allahabad High Court Grants Bail To Accused In Money Laundering Case, Says Section 45 PMLA Not Applicable As Arrest Not Made Under Section 19
The Allahabad High Court on Monday granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable. The regular bail application moved by the applicant was rejected by the trial court on the ground that...
Allahabad High Court Grants Bail To Accused In Money Laundering Case, Says Section 45 PMLA Not Applicable As Arrest Not Made Under Section 19
The Allahabad High Court on Monday granted bail to an accused in a case under the Prevention of Money Laundering Act (PMLA), observing that he was not arrested by the investigating agency under Section 19 of the PMLA and therefore rigours of Section 45 of the PMLA can't be made applicable. The regular bail application moved by the applicant was rejected by the trial court on the ground that...
Delhi Liquor ‘Scam’: Court Denies Bail To Vijay Nair, 4 Others In Money Laundering Case
A Delhi Court on Thursday denied bail to Aam Aadmi Party communications-in-charge Vijay Nair and four others in a money laundering case being probed by Enforcement Directorate (ED) in relation to Delhi government's excise policy.Special Judge MK Nagpal of Rouse Avenue Courts also denied bail to Sharath Reddy, Abhishek Boinpally, Benoy Babu and Sameer Mahendru.Copy of the order is...
Explain 'Sick Person' Exempted From Twin Bail Conditions Under PMLA: Bombay High Court On Nawab Malik's Plea In Money Laundering Case
The Bombay High Court on Tuesday sought to know who could be called a "sick" person under the Prevention of Money Laundering Act and if NCP leader Nawab Malik fell under that category for an expeditious bail hearing."I have some questions on this as many matters are now coming up where the person (accused) says grant me bail as I am sick. So I want to know who is a sick person. I want you...
Allahabad High Court Denies Bail To Alleged PFI Leader Accused Of Collecting Over ₹20 Crore For Unlawful Activities
The Allahabad High Court today rejected the bail plea of the alleged Popular Front of India (PFI) leader Abdul Razaq Peediyakkal in the PMLA Case wherein he has been accused of collecting and laundering funds over Rs. 20 crores for the PFI. The bench of Justice Rajesh Singh Chauhan rejected the bail plea today. A detailed copy of the order is awaited. It may be noted that the ED...
Trial Of Scheduled Offence Should Take Place In Special Court Which Has Taken Cognizance Of Offence Of Money-Laundering : Supreme Court
The Supreme Court held that the trial of the scheduled offence should take place in the Special Court which has taken cognizance of the offence of money-laundering.The court also added that the provisions of the Cr.P.C. are applicable to all proceedings under the PMLA Act including proceedings before the Special Court, except to the extent they are specifically excluded.The bench of Justices...