HIGH COURT NOVEMBER 2023 WEEKLY ROUNDUP| Stories on Sidhu Moose Wala; Radhasoami Satsang Sabha; World Trade Centre and more
A quick legal roundup to cover important stories from all High Courts this week.
PMLA
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.
Former Resident Additional Collector accused of installing Spy Cam in District Collector’s chamber; Gujarat HC grants 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.
[PMLA] Delhi High Court refuses bail on medical grounds; Directs Jail Superintendent to ensure safety of the accused
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.
Bail under PMLA-Presumed Guilty Until Proven Guilty
by Aashish Gupta†, Aditya Mukherjee†† and Puneeth Ganapathy†††
Cite as: 2023 SCC OnLine Blog Exp 77
S. 50, PMLA Act | Karnataka HC cancels Look-out Notice issued indefinitely on ground of suspicion alone; terms it as an abuse of process of law and object of LOC
“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”
[Money Laundering] Supreme Court constitutes 3 Judge Bench to hear review against Vijay Madanlal Judgment
The Three Judge Bench will be hearing the matter from 18-10-2023.
Principal Officer to also be a Management Level Officer vide PMLA (Maintenance of Records) Rules 2005
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
Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court
“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”
PayPal is a ‘payment system operator’ under PMLA; Delhi High Court quashes monetary penalty imposed by Financial Intelligence Unit, India
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 refuses bail to Shakti Bhog Director in money laundering case
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.
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Srikant Tyagi; West Bengal Panchayat Election; Telangana Eunuchs Act; and more
A quick legal roundup to cover important stories from all High Courts this week.
2023 SCC Vol. 6 Part 1
Administrative Law — Natural Justice — Generally — Nature, Scope and Applicability: Meaning and Constituents of principles of natural justice in general,
Delhi High Court denies bail to former Deputy Chief Minister Manish Sisodia in Delhi Liquor Excise Policy Scam
The gravity of the allegations against the petitioner are very serious in nature and in view of the peculiar facts, the Court opined that this matter must be visited with a different approach as a deep-rooted conspiracy involving huge loss of public funds has been alleged.
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part III
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 54
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
NFRA imposes monetary penalty of Rs. 1.10 Crore on Auditors of Coffee Day Enterprises Ltd.
National Financial Reporting Authority: The National Financial Reporting Authority (‘NFRA’) has imposed monetary penalty of Rs. 1.10 Crore on 1 Auditor Firm
Explained| Supreme Court judgment allowing ED probe against TN Minister Senthil Balaji in Cash for Job Scam
What was compromised between the complainant and accused is not just their disputes, but justice, fair play, good conscience and the fundamental principles of criminal jurisprudence. In fact, the case at hand is one where there are two teams, but no one knows who is playing for which team and where the match was fixed.
Landmark Judgments on Prevention of Money Laundering Act by the Supreme Court and High Courts in 2022 Part I
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44
MoF widens ambit of “Person carrying on designated business or profession” under PMLA
On 9-5-2023, the Ministry of Finance notified that the following activities when carried out in the course of business on behalf of