News & Views

Constitutionality of Section 45(1) of the PMLA (AML India) - imposing two further conditions for release on bail – Held

The Supreme Court of India in the case of Nikesh Tarachand Shah  vs. UOI (Writ Petition (Criminal) no. 67 of 2017 and other writs, has declared Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.  

 

Sect

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SUPREME COURT ISSUES NOTICE TO RBI, UNION OF INDIA AND OTHER GOVERNMENT MINISTRIES AND INSTITUTIONS IN PETITION SEEKING B

The Hon’ble Supreme Court of India on 13th November 2017 in a Writ (PIL) bearing  W.P.(C) No. 1071/2017, titled as Siddharth Dalmia & Anr. Vs Union of India and Ors., filed against virtual currencies like Bitcoins, argued by Mr. Vijay Pal Dalmia, Advocate (Petitioner-In-Person), was pleased to issue notices to Union Of India,  Ministry of Home Affairs, Reserve Bank of India, etc.

The order was passed by a Bench of Hon’ble Chief Justice M

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PIL: (Writ Petition (Civil) no. 406 of 2017), was filed under Article 32 of the Constitution of India in the Supreme Cou

A Public Interest Petition (PIL) (Writ Petition (Civil) no. 406 of 2017),  was filed under Article 32 of the Constitution of India in the Supreme Court, against Union of India, Ministry of Home Affairs, Ministry of Finance and Reserve Bank of India, against the use and business of  illegal cryptocurrencies or Decentralised Digital Currency or “Virtual Currency” (VCs

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Service of Court Notice through WhatApp is a New Dynamic norm of service of Court Notice

Recently courts have started a new trend acknowledging the utility of services like WhatsApp for service of court notice. In one of such instance the Hon'ble court of HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW in the High court of Delhi in CS(COMM) 1601/2016 titled as TATA SONS LIMITED & ORS vs. JOHN DOE(S) & ORSallowed service of notice through WhatsApp, also.  This is a new progressive development to overcome difficulties in serving court notices. &nb

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Courts, for trial of offences punishable under section 4 of the PMLA ( SO 966(E) [F.NO.C-18015'3'2013-AD.ED]

S.O. 372(E).—In exercise of the powers conferred by sub-section (1) of section 43 of the Prevention of Money-laundering Act, 2002 (15 of 2003) and in supersession of the notifications of the Government of India in the Ministry of Finance, Department of Revenue numbers S.O. 841 (E), dated the 1st June, 2006, S.O. 1901(E), dated the 3rd November 2006, S.O. 309(E), dated the 2nd March 2007, S.O. 447(E), dated the 11th February 2009, S.O. 1159 (E), dated the 23rd May, 2012 and S.O. 1435(

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Conditions not lawful in lieu of Anticipatory bail

(2008 )13SCC 305

In this case, the High Court in lieu of anticipatory bail ordered that the Customs Authorities find any non- bailable offense against the applicants (respondents), they shall not be arrested "without ten days prior notice to them.

Th Hon'ble Supreme Court held that on the facts and in the circumstances of the present case, neither of the above directions can be said to be lega

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