PMLA
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Summary Of Supreme Court's PMLA Judgement- Vijay Madanlal Choudhary Vs Union of India
The Supreme Court, on Wednesday, upheld the provisions of the Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.Read the Summary of 545 Pages Judgement in Vijay Madanlal Choudhary Vs Union of India here;(i) The question as to whether some of the amendments to the Prevention of...
BREAKING| Supreme Court Upholds ED's Power Of Arrest, Attachment, Search & Seizure And "Twin-Conditions" For Bail; Says PMLA Has Stringent Safeguards
The Supreme Court, on Wednesday, upheld the provisions of Prevention of Money Laundering Act, 2002 which relate to the power of arrest, attachment and search and seizure conferred on the Enforcement Directorate.The Court upheld the constitutionality of the provisions of Sections 5, 8(4), 15, 17 and 19 of the PMLA, which relate to the powers of ED's power of arrest, attachment, search...
Supreme Court Judgment On Interpretation Of PMLA Provisions Expected Soon : A Recap Of The Main Issues
Upon reopening, the Supreme Court is expected to pronounce its judgment in the batch of petitions concerned with the interpretation of the Prevention of Money Laundering Act, 2002. Over a span of almost one and a half months, the Supreme Court heard arguments of the Senior Counsels representing the petitioners, the Solicitor General of India and the ASG appearing on behalf of the...
Delhi High Court Directs Filling Up Of Vacant Posts In Adjudicatory Authority Under PMLA On Expeditious Basis
The Delhi High Court has directed filling up all the vacant posts, especially, Member (Administration), Member (Law) and Member (Finance or Accountancy) in Adjudicatory Authority under Prevention of Money Laundering Act (PMLA) on an expeditious basis and in any case within a period of four months.Justice Pratibha M Singh added that regarding the posts of Administrative Officer and...
Twin Conditions For Bail U/S 45 PMLA Declared Unconstitutional By SC Restored By 2018 Amendment: Kerala High Court
The Kerala High Court has recently ruled that while considering a bail application under the Prevention of Money Laundering Act, the twin conditions specified in Section 45(1) of PMLA and the general principles governing the grant of bail under Section 439 of CrPC should be considered.After examining Sections 65 and 71 of the PMLA, Justice Kauser Edappagath found that PMLA has an...
Supreme Court Asks SAD Leader Bikram Singh Majithia To Approach High Court For Quashing Of FIR & Seeking Bail
The Supreme Court on Tuesday granted liberty to SAD Leader Bikram Singh Majithia to approach the Division Bench of Punjab and Haryana High Court against quashing of FIR registered against him in NDPS case and for grant of bail. Majithia had also sought an alternative prayer for entrusting the investigation to the Special Investigation team, but while refusing to grant such relief,...
S.45 PMLA: Twin Conditions For Bail Declared Unconstitutional By SC Stand Revived By 2018 Amendment Act: Jharkhand High Court
The Jharkhand High Court recently observed that twin conditions for bail under Section 45 of the Prevention of Money Laundering Act, 2002 that were declared unconstitutional by the Supreme Court in the case of Nikesh Tarachand Shah v. Union of India, stand revived on account of the defects purportedly being cured by the Parliament by way of 2018 Amendment Act.On the basis of the above,...
Nawab Malik Seeks Temporary Medical Bail In Money Laundering Case
NCP leader and Maharashtra Cabinet Minister Nawab Malik has sought temporary medical bail in the money laundering case alleging his "involvement in terror funding" based on a 1999- 2005 land deal concerning Dawood Ibrahim's sister. Special Judge R N Rokade is likely to hear the plea on Monday. Malik (62) had earlier told the court that he was unwell due to kidney ailments and...
PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court
The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Senior Advocate Kapil Sibal, for the petitioners, made his rejoinder submissions."The heart of criminal jurisprudence is the fundamental constitutional premise that you cannot start an investigation without information that you record and without...
PMLA : Supreme Court Rejects Challenge Against Madras HC Decision That 2018 Amendment Revived Twin Conditions For Bail Under Section 45
The Supreme Court recently (February 25) dismissed a special leave petition assailing the order of the Madras High Court, whereby the Directors of a company were denied bail, inter alia, upholding the presumption of constitutionality of Section 45(1) and the twin conditions therein, as amended by the Finance Act, 2018. Upon hearing the submissions made by Solicitor General of India,...