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CA, CS, CMA : Explore the May 3, 2023, PMLA notification by FIU-IND, including Red Flag Indicators for CA reporting entities. Guidelines, FAQs, ...
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Corporate Law : Himachal Pradesh HC denies Rajdeep Singh's bail in the misappropriation of SC/ST/OBC scholarship funds case, citing unsatisfactory...
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Corporate Law : There was sufficient evidence collected by the respondent Enforcement Directorate to prima facie come to the conclusion that asses...
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Corporate Law : Read the latest notification by the Ministry of Finance, allowing specific reporting entities to use Aadhaar authentication for co...
Corporate Law : Read the latest Ministry of Finance notification granting Aadhaar authentication permission to reporting entities under the Money-...
Corporate Law : Ministry of Finance has made significant amendments to Prevention of Money Laundering Rules in 2023. Learn about changes and their...
Corporate Law : Notification on Appointment of Administrators under Section 10 of Prevention of Money-laundering Act, 2002. Learn about their role...
Summons issued under section 50(2) of the Act has nothing to do with the regulations as defined under the Regulatory Rules. The rules are referable only to proceedings for adjudication and not to pre-adjudication proceedings. In fact, section 50(2) does not refer to an accused at all.
The plea by assessee to quash Enforcement Directorate summons in a money laundering case was quashed as assessee had failed to make out a case for interference for the invocation of 226 of the Constitution and 482 of Cr.P.C.
Since none of the other relevant material, which was the basis of the seizure under Section 17(1A) and the complaint under Section 17(4) of the PMLA were supplied to assessee, as the same were not even supplied by the ED to the AA. Thus, ED should forward a copy of the documents to the Adjudicating Authority immediately after a freezing order under PML Rule.
During investigation, it was found that the petitioner is involved in the acts of cheating and forgery in Netherlands by transferring of money of other persons through Hawala operations and earned commissions in the shape of cash.
Money-laundering can be defined as a process by which a person makes huge income out of the illicitly obtained money and he has placed it into a chain of transactions to hide its origin. Section 3 of Prevention of Money laundering Act, 2002 defines offences of Money-laundering. This article is small attempt to examine the […]
In present facts of the case, the Hon’ble Calcutta High Court allowed the Writ Petition filed by the Petitioner to operate his bank accounts and postal accounts in question, which were attached by the Respondent as time limit of 180 days under section 5 of the Prevention of Money Laundering Act, 2002 were expired.
Bhimendra Kumar Goyal Vs Enforcement Directorate (Andhra Pradesh High Court) Hon’ble Apex Court in catena of cases observed that while granting bail the Court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances […]
In Directorate of Enforcement v. Raj Singh Gehlot [ECIR/14/HQ-STF/2019 dated September 10, 2021], Raj Singh Gehlot (the Applicant) moved a bail application for grant of regular bail but the bail plea was dismissed by Hon’ble Patiala House Court. In this case the Hon’ble Patiala House Court dismissed the bail plea of Applicant, the owner of […]
V.P. Zacharia Vs State of Kerala (Kerala High Court) his is a case where the 2nd respondent/accused has been successful in rebutting the statutory presumption under Section 139 of the Negotiable Instruments Act. The fact that there was an earlier transaction in the year 1995 and that liability had been settled by repayment is a […]
Summary There has been a long and unsettling dispute on the question as to (1) Whether Proceeds of Crime includes Clean and Untainted Property also ? and (2) What are rights of 3rd party claiming legitimate & bonafide interest and possession in such Clean and Untainted Property, being attached by the Enforcement Authorities under PMLA. […]
