Fema / RBI : Courts have held that money laundering is a distinct offence from the predicate crime. Parallel prosecutions under PMLA do not vio...
Corporate Law : The High Court will examine whether bail granted under the Section 45 proviso for women can be cancelled absent perversity or misu...
Corporate Law : The case analysis explores whether India’s anti-money laundering framework is effective despite comprehensive legislation. Court...
Goods and Services Tax : The article explains that GST violations alone do not trigger PMLA unless they are connected to a scheduled predicate offence such...
Corporate Law : This analysis explains how repeated amendments widened the reach of PMLA and strengthened enforcement agencies. The key takeaway i...
Corporate Law : FIU-IND imposed a ₹9.27 crore penalty on Bybit for violating PMLA compliance. The platform operated without registration, leadin...
Corporate Law : Bombay High Court directs Enforcement Directorate to regulate statement recording hours under PMLA, emphasizing same-day examinati...
Corporate Law : Read about the Directorate of Enforcement's (ED) search operations under PMLA at 14 locations in Haryana and Punjab, uncovering ca...
Finance : Discover India exceptional performance in the FATF Mutual Evaluation 2023-24, placing it in the 'regular follow-up' category and b...
CA, CS, CMA : Learn about ICSI's registration requirements on the PMLA Portal for Anti-Money Laundering (AML) and Combating the Financing of Ter...
Fema / RBI : The Appellate Tribunal under SAFEMA held that attachment under PMLA cannot stand without evidence showing flow of tainted funds. T...
Fema / RBI : The Tribunal upheld attachment, ruling that funds used in a conspiracy can qualify as proceeds of crime. It held that even layered...
Corporate Law : Delhi High Court held that property acquired from proceeds of crime before Prevention of Money Laundering Act can be attached u/s....
Fema / RBI : PMLA Tribunal held share investment not proceeds of crime and limited attachment only to mining profits. Productive assets of the ...
Fema / RBI : PMLA Tribunal upheld freezing of bank accounts and FDR linked to the Manesar land scam, ruling that lien or bank guarantee in favo...
Corporate Law : NRIs and OCIs can now digitally onboard to NPS with relaxed physical presence requirements, while ensuring stringent KYC, anti-fra...
Finance : Ministry of Finance streamlines PMLA KYC rules for SEBI-defined intermediaries, allowing CKYCRR uploads, updates, and retrieval to...
Corporate Law : The Ministry of Finance has appointed 53 Special Public Prosecutors to handle cases on behalf of the Directorate of Enforcement un...
Corporate Law : The Ministry of Finance has designated the Court of Principal District and Sessions Judge, North Goa, to handle PMLA cases across ...
Corporate Law : Jurisdiction for PMLA cases in Chhattisgarh updated to the VI Additional Sessions Court, Raipur, covering the entire state....
The Appellate Tribunal under SAFEMA held that attachment under PMLA cannot stand without evidence showing flow of tainted funds. The key takeaway is that mere suspicion or indirect linkage is insufficient to sustain attachment.
The Tribunal upheld attachment, ruling that funds used in a conspiracy can qualify as proceeds of crime. It held that even layered investments linked to illegal activity are attachable under PMLA.
Delhi High Court held that property acquired from proceeds of crime before Prevention of Money Laundering Act can be attached u/s. 5(1) since possession continued after Prevention of Money Laundering Act came into force.
PMLA Tribunal held share investment not proceeds of crime and limited attachment only to mining profits. Productive assets of the company may be released if equivalent security such as bank guarantee or FDR is furnished.
PMLA Tribunal upheld freezing of bank accounts and FDR linked to the Manesar land scam, ruling that lien or bank guarantee in favour of a government authority does not prevent attachment under PMLA.
PMLA Tribunal held ₹50 lakh seized in a CBI trap is proceeds of crime and can be attached under PMLA even if the cash is already in court custody pending the criminal trial.
PMLA Tribunal upheld attachment of wife’s property linked to fraud proceeds, ruling assets can be attached even if the owner is not accused in the scheduled offence.
The Court refused bail in a money laundering case after holding that the accused failed to satisfy the mandatory twin conditions under Section 45 of the Prevention of Money Laundering Act.
Courts have held that money laundering is a distinct offence from the predicate crime. Parallel prosecutions under PMLA do not violate Article 20(2) unless there is identity of the same offence.
The High Court will examine whether bail granted under the Section 45 proviso for women can be cancelled absent perversity or misuse of liberty.
