Fema / RBI : RBI's KYC framework mandates customer identification, risk categorization, and ongoing monitoring to combat money laundering and t...
Corporate Law : The Court examined whether a predicate FIR is necessary before the ED can act under the PMLA. It held that inquiry proceedings and...
Fema / RBI : Individuals who receive or transfer funds on behalf of others may face prosecution under various Indian laws. The article explains...
Corporate Law : Organized crime disrupts fair competition by introducing illegal goods and laundering illicit funds. The analysis highlights its d...
Corporate Law : This examines whether recent rulings have strengthened or softened bail standards under PMLA. The key takeaway is that courts are ...
Finance : The agreements introduce structured protocols for intelligence sharing and monitoring compliance under PMLA. The ruling highlights...
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...
Corporate Law : Supreme Court granted bail under the PMLA, noting prolonged custody, documentary evidence, delayed trial, parity with co-accused, ...
Corporate Law : Supreme Court set aside the High Court's PMLA bail order for failure to apply Section 45 twin conditions and remanded the matter f...
Corporate Law : Karnataka HC refused to cancel bail, holding that the Section 45(1) PMLA proviso exempts women from the twin conditions, subject t...
Income Tax : Orissa HC permitted surrender and directed same-day bail consideration under a strict first hour-second hour timeline, applying pa...
Corporate Law : Karnataka HC granted PMLA bail after 275 days’ custody, holding Article 21 prevailed where trial had not progressed and delay wa...
Corporate Law : The Centre has permitted Home First Finance Company India Ltd. to perform Aadhaar authentication under Section 11A of the PMLA aft...
Corporate Law : The Finance Ministry has permitted seven reporting entities to conduct Aadhaar authentication under Section 11A of the PMLA. The n...
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...
The High Court held that the applicant’s continued custody after detention without production before the competent court within 24 hours violated Article 22(2) of the Constitution. It granted bail while leaving the legality of the Look Out Circular open for consideration at the appropriate stage.
The Calcutta High Court permitted the petitioner to be represented before the ED by an authorised representative after considering his age and medical condition. The Court directed that personal appearance could be required later with at least 15 days’ notice.
Since the material on record disclosed grave suspicion regarding acquisition and possession of assets disproportionate to known sources of income and attracted the presumption under section 24 of the PMLA, the Special Court was justified in refusing discharge. Accordingly, the criminal revision petition of a former Forest Range Officer was dismissed.
The High Court observed that investigation had concluded, charge sheets had been filed, and proceedings were stalled due to stays against other accused. In these circumstances, it granted regular bail with specified conditions.
The Calcutta High Court held that although the petitioner failed to satisfy the twin conditions under Section 45 of the PMLA, prolonged custody without trial justified grant of bail under Article 21 of the Constitution. Bail was granted subject to stringent conditions.
RBI’s KYC framework mandates customer identification, risk categorization, and ongoing monitoring to combat money laundering and terrorist financing. Financial institutions must implement robust compliance systems to safeguard the integrity of the financial sector.
The Court examined whether a predicate FIR is necessary before the ED can act under the PMLA. It held that inquiry proceedings and summons under Section 50 can be initiated even without a prior FIR or complaint.
The Court clarified that civil actions such as inquiry and provisional attachment can commence even without a registered scheduled offence. Registration of a scheduled offence is required only for prosecution under the PMLA.
Smt. Jayamma W/O. Late Sri. Kalegowda Vs Directorate of Enforcement (Karnataka High Court) The Karnataka High Court considered a challenge to a provisional attachment order issued by the Directorate of Enforcement (ED) under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA). The petitioner contended that the ED had failed to comply with […]
Individuals who receive or transfer funds on behalf of others may face prosecution under various Indian laws. The article explains the legal risks, penalties, and regulatory consequences associated with money mule activities.
