“Proceeds of Crime” under PMLA: Whether includes Properties acquired before commission of the Scheduled Offence
by Ajay Wadhwa* and Ragini Handa**
PMLA
Supreme Court grants bail to Sunil Agrawal, Promoter of Indermani Group, in Money Laundering case
Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.
‘Mere familial relation with accused under PMLA is not grounds for denying security clearance u/S. 7A (1)(d) of Citizenship Act, 1955’: Delhi High Court
Decisions along with the speaking orders passed by the Foreigners Regional Registration Office to reject the OCI applications of the Russian nationals were quashed.
Supreme Court refuses to quash CBI disproportionate assets case against Karnataka Deputy CM DK Shivakumar
Income Tax Authorities conducted a raid at DK Shivakumar’s house and allegedly recovered Rs.8,59,69,100/- and CBI registered an FIR for offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.
Know Thy Judge | Justice Chandra Dhari Singh: A symbol of Perseverance and Legal Brilliance
Justice C.D. Singh, who hails from Sultanpur is a first-generation lawyer and has established a name for himself in the legal fraternity for his tenacity. Justice C.D. Singh’s journey from an advocate to a Judge of Allahabad High Court and later Delhi High Court, has made him a symbol of perseverance and dedication for anyone who aspires to succeed in law.
Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam
The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.
[PMLA] ‘Cannot assume role of an expert’; Delhi HC directs Director, AIIMS to constitute medical board to evaluate Amit Katyal’s medical condition
“In the absence of an opinion of the experts it is difficult for this Court to conclude as to whether it is a case for grant of interim bail on the medical grounds. The Court cannot assume the role of an expert and make assessment of its own as regard the medical condition of the petitioner based on medical records placed on the Court file.”
Preserving Foundational Rights: Supreme Court Reaffirms Importance of Informing Accused of Grounds of Arrest in UAPA Offences
by Vasantha Rajasekaran† and Harshvardhan Korada††
‘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.
Read why Allahabad High Court denied bail to MLA Abbas Ansari
“If such influence whether for monetary reason or under threat or coercion, if can be exercised over police and prison authorities so effectively who are basically enforcers of law then it can be well imagined how Abbas Ansari can effectively garner power to influence any witness or to persuade him to change his stand and this aspect if seen in light of the fact that the evidence is yet to commence”
Right to sleep is a basic human right and non-providing of the same may impair a person’s mental faculties, cognitive skills; Bombay HC directs ED to issue circular against recording statement at night
Recording statements at unearthly hours definitely results in deprivation of a person’s sleep, a basic human right of an individual.
[Delhi Excise Liquor Policy] | Supreme Court issues notice to ED on Arvind Kejriwal’s plea challenging arrest
Earlier, the Delhi High Court had dismissed Arvind Kejriwal’s plea against his arrest and opined that the same was not in contravention with law.
[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea
Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.
[S. 50 PMLA] ED should at least reveal substance of allegations to summoned person, if not copy of ECIR: Allahabad HC
“Mere registration of ECIR does not make a person an accused”
On Procedure and Propriety: Travails of an Innocent Purchaser of Tainted Property under the PMLA Framework
by Onkar Thakur†, Nalin Jha†† and Saksham Chaturvedi†††
[Money Laundering] ‘Cooperating with Investigating Agency by public figure is public service’; Delhi HC denies pre-arrest bail to Amanatullah Khan, MLA from AAP
“Being a public figure in politics, petitioner is first and foremost in the public service and it is natural that he will always have something or other happening in his constituency. It is for the public figure to find time and appear before the investigating agency, when so required as per the law.”
Supreme Court directs ED to conduct exhaustive investigation in money laundering case against Amtek Auto’s former promoters
In 2018, the National Company Law Tribunal approved the resolution plan submitted for Amtek Auto by Liberty House, which was settled with 80% haircut for Deccan Value Investors in November 2021
75 Landmark Judgments on Constitutional Law by the Supreme Court in 2023 Part III
by Siddharth R. Gupta* and Prakruthi N.**
Cite as: 2024 SCC OnLine Blog Exp 20