Articles & Presentation

PMLA: Cognizable vs. Non Cognizable? Applicability of Cr.P.C. (AML Law in India)

http://lobis.nic.in/ddir/dhc/SMD/judgement/19-02-2018/SMD19022018CRLW3632018.pdf  
 
In the case of Rajbhushan Omprakash Dixit vs. Union of India and Ors.(W.P.(CRL) 363/2018 & Crl.M.A. 2151/2018) the Division Bench of the Hon'ble Division Bench of the High Court of Delhi was of the view that : 
 

If the correct legal position is that Chapter XII of the Cr

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Maintainability of the petitions under Article 226 before the High Court

http://lobis.nic.in/ddir/dhc/SMD/judgement/11-01-2018/SMD11012018CW53202017.pdf  

In a judgment of five Judges of Delhi High Court in Sterling Agro Industries v. Union of India 2011 (124) DRJ 633,  the decision of the Full Bench in New India Assurance Company Limited v. Union of India AIR 2010 Del 43 (FB)  was affirmed, wherein it was

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AML India-PMLA Prevention of Money Laundering Act (India) Constitutionality of Section 5(1) PMLA Communication of \"Reasons to Believe\" A sacrosanct right of Noticee, & Access to Material on Record Constitution of India

http://lobis.nic.in/ddir/dhc/SMD/judgement/11-01-2018/SMD11012018CW53202017.pdf

In a bunch of writs decided by the Bench of JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA of Delhi High court, it has been held that

(i) The second proviso to Section 5(1) PMLA is not violative of Article 14 of the Constitution of India.

(ii) The expression ‘reasons to

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Composition of the Adjudicating Authority (AA) & Appellate Tribunal (AT) under PMLA

As held in http://lobis.nic.in/ddir/dhc/SMD/judgement/11-01-2018/SMD11012018CW53202017.pdf 

Under Section 6 PMLA, the ADJUDICATING AUTHORITY is supposed to consist of the Chairperson and two other members – one of whom shall be a person having experience  in the field of law.

Section 6(3) further sets out what the qualifications for appointment as a member of an ADJUDICATING AUTHORITY should

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