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“When legislature confers the function of adjudication on an authority under the statute, the same can be performed by such authority within the four corners of the power conferred on it.”
Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners
The accused is the President of the Jharkhand Mukti Morcha, a State Political party in the State of Jharkhand and a sitting Member of the Parliament in Rajya Sabha nominated from the State of Jharkhand.
“It was also alleged that illegal kidney transplantation was the only occupation of the petitioner, and his entire earnings were from this source only.”
by Vasanth Rajasekaran† and Harshvardhan Korada††
Cite as: 2024 SCC OnLine Blog Exp 3
The Enforcement Directorate registered an ECIR under the provisions of Prevention of Money Laundering Act, 2002 for the alleged offense of money laundering under Section 3 of PMLA, punishable under Section 4 of PMLA, based on a scheduled offence allegedly committed under the provisions of Penal Code, 1860.
“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.”
Calcutta High Court rejected the arguments regarding the discretionary nature of the provision and upheld the mandatory language of Section 44(1)(c) of the Prevention of Money Laundering Act, 2002.
A quick legal roundup to cover important stories from all High Courts this week.
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.
The Former Resident Additional Collector had also set up a honey trap for the District Collector in order to gain access to some controversial land clearance files.
While the applicant’s right to healthcare and medical treatment is a fundamental consideration, it cannot be allowed to overshadow the pressing need to investigate fairly and ensure that due legal processes are followed.
by Aashish Gupta†, Aditya Mukherjee†† and Puneeth Ganapathy†††
Cite as: 2023 SCC OnLine Blog Exp 77
“The summoning of a person repeatedly without probable cause or reasonable ground and only on the ground of suspicion alone is not in accordance with the principles of due causes and fairness”
The Three Judge Bench will be hearing the matter from 18-10-2023.
On 4-9-2023, the Ministry of Finance notified the Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2023 to amend the Prevention
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
All the elements of the transaction comprised or connected with a payment being effected between two parties would appear to fall within the scope of the expression ‘payment system’ as defined under Section 2(1)(rb) of the PMLA.
Delhi High Court observed that evidence placed on record lends credence to the fact that the applicant was not merely the paper director but was a director who was actively involved in the working of the SBFL.
A quick legal roundup to cover important stories from all High Courts this week.