Corporate Law : Explore the Enforcement Directorate's role under PMLA, 2002, its procedural aspects, and major Supreme Court rulings. Understand i...
Corporate Law : Delhi HC asserts that Section 45 PMLA twin test for bail shouldn't cause indefinite detention, prioritizing liberty when trial del...
Corporate Law : J&K&L High Court quashes money laundering case against Farooq Abdullah, citing absence of a scheduled offence under the Prevention...
Finance : Explore how cryptocurrencies are used for money laundering, the challenges faced by law enforcement, and the global regulatory res...
Corporate Law : Jharkhand High Court has recently granted bail to Hemant Soren, the former Chief Minister of Jharkhand, in connection with a high-...
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...
Corporate Law : Supreme Court clarified procedures for summons, warrants, and bail under the Prevention of Money Laundering Act (PMLA), emphasizin...
Corporate Law : Patna HC rules that ED cannot arrest under PMLA after Special Court takes cognizance unless permitted. Arrest powers cease post-in...
Corporate Law : Supreme Court granted bail to women who is accused in complaint filed u/s. 44 of the Prevention of Money Laundering Act, 2002 sinc...
Corporate Law : Uttarakhand High Court held that bail of accused involved in drug trafficking and money laundering matter deserved to be rejected ...
Corporate Law : Madras High Court held that request for simultaneous trial both in PMLA and in predicate offence registered under IPC not accepted...
Income Tax : Notification designates special courts in Tamil Nadu under the Income Tax Act, 1961, and Black Money Act, 2015, for specific distr...
Finance : Aditya Birla Sun Life Mutual Fund granted Aadhaar authentication permission under the Prevention of Money-laundering Act, 2022....
Corporate Law : The Ministry of Finance permits INDmoney Pvt. Ltd. to use Aadhaar authentication for compliance with privacy and security standard...
Corporate Law : Ministry of Finance amends PMLA court notification, adding 1st Additional District and Sessions Judge, Dehradun, under Section 43 ...
Corporate Law : The Ministry of Finance designates new special courts in Kerala for PMLA cases, updating jurisdiction for various districts in the...
Ravi Kumar Vs State of Telangana (Telangana High Court) Admittedly, petitioner was arrested on 27.11.2021 and custody of petitioner was also sought for five days and the only allegation against the petitioner is that being a Chartered Accountant, without verifying the Bills of Entry and economic rationale of such large payments from paper entities had […]
Govt notifies that Rule 9(1A) of Prevention of Money-laundering (PML) (Maintenance of Records) Rules, 2005 shall not be applicable to Foreign Portfolio Investor (FPI) MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 4th January, 2022 G.S.R. 5(E).—In exercise of the powers conferred by sub-clause (i) of clause (h) of sub-rule (2) of rule […]
Govt Permits ‘PNB Housing Finance Limited’ to perform authentication under the Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 for the purposes of section 11A of the Prevention of Money-laundering Act, 2002. MINISTRY OF FINANCE (Department of Revenue) NOTIFICATION New Delhi, the 4th January, 2022 S.O. 37(E).—In exercise of the […]
It is one thing to say that Section 45 of the PMLA Act to offences under the ordinary law would not get attracted but once the prayer for anticipatory bail is made in connection with offence under the PMLA Act, the underlying principles and rigors of Section 45 of the PMLA Act must get triggered — although the application is under Section 438 of Code of Criminal Procedure.
Reliance Industries Limited Vs CCIT (Bombay High Court) Respondent no.1, by letter dated 21st October 2020, replied to petitioner’s application dated 15th April 2020 that petitioner was eligible / entitled to avail the benefit of DTVSV (Direct Tax Vivad Se Vishwas) Act in accordance with law. Following the said communication, petitioner filed 27 applications for […]
Nitin Jain Liquidator PSL Limited Vs Enforcement Directorate (Delhi High Court) A. The Court notes that the reliefs as framed in the writ petition essentially seek a restraint against the respondent from interfering in the liquidation process which had been set in motion. That challenge cannot stand eclipsed merely on account of the issuance of […]
At this stage, suffice for us to say that while referring to category ‘C’, inadvertently, Section 45 of Prevention of Money laundering Act (PMLA) has been mentioned which has been struck down by this Court. Learned ASG states that an amendment was made and that is pending challenge before this Court before a different Bench. That would be a matter to be considered by that Bench.
Madan Gopal Chaturvedi Vs Directorate of Enforcement (Special Court under P.M.L. Act, Bombay) Admittedly, after praying for calling the opinion and medical papers of Dr. Umesh Shetty, and on going through all the papers Exh.4 (colly.) Ld. S.P.P has not submitted any objection that all these medical papers are fake which are given by Dr. […]
The term ‘money laundering’ is generally attributed to the collective of procedures involved in legitimizing assets amassed by means which may not behave been legitimate. Described otherwise, it involves the transmutation of ill-gotten proceeds into ostensibly legitimate assets, and sometimes into businesses developed as means to generate more revenues to finance the very ill-means from where the proceeds were generated in the first place.
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.