Corporate Law : The report highlights major investigations by CBI, ED, DRI, SFIO, and NIA into NEET paper leaks, bank frauds, betting apps, and te...
Corporate Law : Explains why statements recorded during investigative summons carry evidentiary value and how careful handling can prevent escalat...
Corporate Law : Madras High Court rules ED needs a predicate offense to investigate, preventing arbitrary action and emphasizing adherence to juri...
Corporate Law : Explore the Enforcement Directorate's role under PMLA, 2002, its procedural aspects, and major Supreme Court rulings. Understand i...
Corporate Law : Explore 45 FAQs on EDs search, investigation, seizure, and arrest processes, including recent proceedings against high-profile fig...
Corporate Law : Authorities found Dubai property acquisitions by Indian residents routed through hawala, leading to action for violations of FEMA ...
Corporate Law : ED arrests two Chinese nationals for exploiting borrowers through digital loan apps, charging high rates, and extorting money usin...
Corporate Law : Bombay High Court directs Enforcement Directorate to regulate statement recording hours under PMLA, emphasizing same-day examinati...
Corporate Law : ED has frozen ₹6.04 crore linked to the fraudulent TradingFX app, which operated as a Ponzi scheme. Ongoing investigations are u...
Finance : Enforcement Directorate's crackdown on illegal forex trading in Ahmedabad leads to seizures worth ₹242.39 Cr. Two arrests made, ...
Fema / RBI : The Appellate Tribunal under SAFEMA held that attachment under PMLA cannot stand without evidence showing flow of tainted funds. T...
Corporate Law : The Court considered a request to permit limited operation of a frozen account for salary payments. It deferred interim relief and...
Income Tax : The tribunal ruled that buying property through a court-supervised auction does not shield a transaction from benami law. Where th...
Fema / RBI : The SAFEMA Appellate Tribunal held that property attachment under PMLA requires prima facie proof of a money trail. Mere suspicion...
Fema / RBI : The Tribunal held that holding and operating a foreign bank account without RBI approval is a continuing contravention under FEMA....
Corporate Law : Enforcement Directorate issues directive on summoning legal practitioners, emphasizing compliance with Section 132 of the Bharatiy...
The case examines whether bank-account freezing orders can stand without meeting mandatory requirements under Section 20 before invoking Section 8. The Court held that failure to follow the statutory scheme vitiated the confirmation orders. The key takeaway is that procedural lapses render downstream PMLA actions legally unsustainable.
The SAFEMA Tribunal upheld the attachment of land registered in a tribal’s name, finding it a benami transaction under the amended Act. The ruling confirmed that purchasing restricted tribal land using funds provided by a non-tribal beneficial owner for future commercial resort development is illegal circumvention.
The Tribunal upheld the ED’s attachment of ₹4.04 crore worth of properties acquired through extortion and land grabbing. The ruling confirms that merely filing Income Tax Returns (ITRs) is insufficient to establish a lawful income source when no supporting business evidence or financial trail exists for the claimed income.
An Appellate Tribunal upheld the ED’s provisional attachment of properties in a major fraud case. The ruling confirmed that the 2009 amendment to Section 5(1) of PMLA permits property attachment even if the owners are not formally charged, provided attachment is necessary to prevent asset concealment.
The Tribunal set aside the freezing of bank accounts and seizure of assets under PMLA, ruling that the Enforcement Directorate’s failure to provide the fundamental FIR documents violated statutory procedure. The key takeaway is that FIRs are essential Relied Upon Documents for PMLA proceedings and their non-supply vitiates the entire adjudication order.
The Appellate Tribunal confirmed the attachment of 511 properties valued at Rs.96.05 crore, ruling they were proceeds from illegal granite mining. The judgment reaffirmed that money-laundering is a continuing offense, validating the attachment even for assets acquired before the PMLA came into force.
Finding procedural lapses in document disclosure, the Tribunal invalidated the ED’s order retaining ₹5.75 lakh seized from Gurudev Jewellers. It reaffirmed that all relied-upon documents must be provided to affected parties to ensure fair adjudication.
The Karnataka High Court affirmed the legality of an ED arrest made in Sikkim concerning a Bengaluru-registered money-laundering case. The ruling establishes that PMLA confers pan-India jurisdiction on the ED, making the geographical location of the arrest irrelevant if a valid ECIR exists.
Karnataka High Court set aside a FEMA show-cause notice and complaint issued after Section 6(3)(b) of Act was omitted by Finance Act, 2015. Court ruled that proceedings based on a non-existent provision are void ab initio. It reaffirmed that, without a saving clause, authorities lack jurisdiction to act under an omitted section.
Karnataka High Court held that Enforcement Directorate cannot attach assets mortgaged to banks under SARFAESI Act. Court found that such properties, acquired through lawful bank loans, are not proceeds of crime. It reaffirmed that secured creditors’ recovery rights under SARFAESI override PMLA proceedings where the bank is a victim, not a beneficiary.
