Judgments & Authorities

Resons to Believe and Steps to be taken

Court :- Delhi High Court , Citation :- http://lobis.nic.in/ddir/dhc/SMD/judgement/11-01-2018/SMD11012018CW53202017.pdf

The Division Bench of the Delhi High Court in the case of J Sekar vs. Union of India & Ors, W.P. (C) 5320/2017, held as under:

“The reasons to believe at every stage must be noted down by the officer in the file.”….

“A copy of s

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Bail refused- U/S 8(1) of the PMLA- Rose Valley case titled Gautam kundu v. Manoj Kumar

Court :- Supreme Court , Citation :- https://www.sci.gov.in/jonew/judis/43201.pdf

A show cause notice U/S 8(1) of the PMLA was served on the Rose Valley and its officials. By challenging the show cause notice the rose valley filed the writ petition before the High Court of Calcutta. The said writ petition was dismissed by the learned single judge of the High Court after this the matter was taken in the division bench of Calcutta High Court in 2014.

The division bench also dismissed the said appeal and directed the adjudicating authority to decide the prelimin

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Requirement of certificate under Sec. 65B(4) of the Indian Evidence Act

Court :- Supreme Court of India , Citation :- Supreme Court of India

Supreme Court of India in the SPECIAL LEAVE PETITION (CRL.)No.2302 of 2017 titled SHAFHI MOHAMMAD                        VERSUS THE STATE OF HIMACHAL PRADESH, on the aspect of the requirement of certificate under Sec. 65B(4) of the Indian Evidence Act, has held that the applicability of procedural requirement under Section 65B(4) of the Evidence Act of furnishing certificate is to be applied o

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Grant of bail under Section 3 of Prevention of Money- Laundering Act, 2002

Court :- High Court of Delhi , Citation :- http://lobis.nic.in/ddir/dhc/MAN/judgement/02-06-2015/MAN29052015BA4842015.pdf

http://lobis.nic.in/ddir/dhc/MAN/judgement/02-06-2015/MAN29052015BA4842015.pdf 

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment pronounced on: May 29, 2015

BAIL APPLICATION NO. 484/2015

GAURAV GUPTA                                      &

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When can, Directorate of Enforcement comes into action in respect of the money laundering

Court :- Supreme Court , Citation :- Shiv Kant Tripathi vs. State of U.P. & Ors 2013 (6) ADJ 672

The Hon'ble court held that 

“5. It prima facie appears from the proviso to Section 17(1) and more importantly the proviso to Section 18(1) of the Prevention   of   Money-Laundering   Act,   2002   that   the Directorate of Enforcement comes into action in respect of the money laundering allegations only after a charge-sheet is submitted by the police/ agency investigating the question whether 

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SECTION 167 (2) OF THE CR.P.C. FOR STATUTORY BAIL APPLICABLE IN PMLA (AML) CASES – MAXIMUM PERIOD OF DETENTION WITH OUT FILING OF CHARGE SHEET

Court :- Supreme Court of India , Citation :- http://supremecourtofindia.nic.in/jonew/courtnic/rop/2017/8564/rop_909513.pdf

In the above case the Hon’ble Supreme Court held that the position in law stated by the Trial Court does not appear to be correct, because as per the provisions of Section 4(2) of the Cr.P.C., the procedure contained therein applies in respect of special statutes as well unless the applicability of the provisions is expressly barred. Moreover, Sections 44 to 46 of the PMLA Act specifically incorporate the provisions of Cr.P.C. to the trials under the PMLA

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"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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