Judgments & Authorities

"Reasons to Believe" - Legal Position in Inida

Court :- Supreme Court of India , Citation :- Kranti Associates v. Masood Ahmed Khan (2010) 9 SCC 496

The Hon'ble Supreme Court of India has beautifully summarized the law relating to "Reasons to Believe" and communication of Reasons to believe, in Kranti Associates v. Masood Ahmed Khan (2010) 9 SCC 496, the legal position was summarized as under:

a)     In India, the judicial trend has always been to record reasons, even in administrative decisions, if such decisions affect anyone prejudicially.

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SS Earth Movers Versus The Joint Director Directorate of Enforcement, Bhubaneswar

Court :- APPELLATE TRIBUNAL, PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI , Citation :- FPA-PMLA-1196/BBS/2016 http://atfp.gov.in/writereaddata/upload//Judgement/Judgement_YKM0YV7AAH_27745.PDF

SS Earth Movers … Appellant/Applicant Versus The Joint Director, Directorate of Enforcement, Bhubaneswar  … Respondent

 

FPA-PMLA-1196/BBS/2016  http://atfp.gov.in/writereaddata/upload//Judgement/Judgement_YKM0YV7AAH_27745.

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Bail and effect of Sec. 45, Sec. 65 and Section 71 of PMLA

Court :- Supreme Court of India , Citation :- MANOJ KUMAR ASSISTANT DIRECTOR, EASTERN REGION, DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUN
GAUTAM KUNDU … APPELLANT(S) :VERSUS: MANOJ KUMAR, ASSISTANT DIRECTOR, DIRECTORATE OF ENFORCEMENT (PREVENTION OF MONEY LAUNDERING ACT) GOVT. OF INDIA 
 
Judgment available at http://supremecourtofindia.nic.in/jonew/judis/43201.pdf 

#Bail #PMLA #AML #SupremeCourt
 
Hon'ble Supreme Court held that 
 
The cond
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Status of Two or More Grounds in Criminal Prosecutions

Court :- Supreme court of India , Citation :- Prakash Chandra Mehtav s. Commissioner and Secretary, Govt. of Kerala & Ors. : AIR 1986 SC

The Supreme Court of India in Prakash Chandra Mehta vs. Commissioner and Secretary, Govt. of Kerala & Ors.  AIR 1986 SC 687, examined the term ground concerning Article 22(5) of the Constitution and Section 5A of the Act and observed as under:

  • When the detention order has been made on two or more grounds, such order of detention shall be deemed to have been made separately on each of such grounds and accordingly that if one irrelevant or one inadmissible ground
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Detenu has a right under Article 22(5) of the Constitution of India to be afforded opportunity to make representation.

Court :- Supreme court of India , Citation :- AIR 1974 SC 183 : Prabhu Dayal Deorah vs. District Magistrate, Kamrup
The detenu has a right under Article 22(5) of the Constitution to be afforded the earliest opportunity of making a representation against the order of detention. That constitutional right includes within its compass the right to be furnished with adequate particulars of the grounds of the detention order.
 
By Vijay Pal Dalmia ( vpdalmia@gmail.com ) (+91-9810081079)
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ATTACHMENT OF PROPERTY ACQUIRED BY THE PERSON FROM UNSCHEDULED OFFENCE UNDER PREVENTION OF MONEY LAUNDERING, ACT 2002 (PMLA)

Court :- Delhi High Court , Citation :- MANU/DE/0166/2016

The issue, i.e. whether property acquired by the person from the proceeds derived from an offence before the inclusion of such offence in the schedule of scheduled offence under Prevention of Money Laundering Act 2002 (PMLA) (AML in India) can be attached, came before the Single Bench of the Delhi High Court in the case of *Mahanivesh Oils & Foods Pvt. Ltd. vs. Directorate of Enforcement, W.P.(C) 1925/2014 and CM No. 4017/2014 [MANU/DE/

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Validity of Writ under Article 226 of the Constitution of India, when alternate efficacious remedy is available under the Prevention of Money Laundering Act (PMLA)

Court :- High Court of Delhi , Citation :- Barik Biswas vs Union of India & Ors.
Accused was found with gold over 44.65 K.G. in his car by the officers of Directorate of Revenue Intelligence (for short "DRI"), which was seized by DRI officials. A case was registered under PMLA, and the accused were served with a show cause notice under PMLA.
 
On 21.05.2015 the petitioner received a provisional attachment order, attaching various movable and immovable properties, by the Enforcement Department under Section 5 of the PMLA, a
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Release of Property attached under PMLA : Where Proceeds of Crime is not established in Trial

Court :- APPELLATE TRIBUNAL UNDER PREVENTION OF MONEY LAUNDERING ACT AT NEW DELHI , Citation :-
In the matter of P. Vijayalakshmi  Vs. The Deputy Director Enforcement Directorate Bangalore the issue before the PMLA Appellate Tribunal was Whether a property shall be attached as proceeds of crime if the scheduled offences under which one is charged for having proceeds of crime is not established after the trial?
 
The Adjudicating Authority has to consider if there is a case of money laundering and whether the property being attached is involve
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Validity of Section 45 of the PMLA : Effect of Pendency of SLP in the Supreme Court of India

Court :- HIGH COURT OF GUJARAT AT AHMEDABAD , Citation :- Criminal Misc. Application (For Regular Bail) No. 22552 of 2015 Decided On: 25.02.2016
In this case of Madanlal Manekchand Jain Vs.  State of Gujarat and Ors., the validity of Section 45 of the PML Act, 2002 was questioned. The applicant contended that as a special leave petition is pending before the Supreme Court for final hearing, the applicant should be granted interim bail. The applicant in the above case who has been proven guilty of money laundering which is a cognizable offence as per section 45 of the PML Act, and according to the provisions of the above ment
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