Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
PMLA - Highlights / Catch Notes

Home Highlights February 2024 Year 2024 This

Provisional Attachment Order - Money Laundering - proceeds of ...


Court Affirms Authority's Right to Determine Crime Proceeds, Separates PMLA and IPC Offences for Individual Prosecution.

February 10, 2024

Case Laws     Money Laundering     HC

Provisional Attachment Order - Money Laundering - proceeds of crime - Petitioner being Housewife - The High Court held that, The present case is not a case of patent lack of jurisdiction. The Adjudicating Authority has the power to look into the facts of the case of the Petitioner before coming to a conclusion as to whether the properties in question are proceeds of crime or not. - The HC further held that, Merely because proceedings have been dropped against some individuals does not mean that the proceedings against the Petitioner should or will be dropped. The offences under the PMLA Act are distinct from offences under the IPC. The companies can still be convicted for the predicate offence and the Petitioner can be prosecuted under the PMLA Act.

View Source

 


 

You may also like:

  1. Money laundering - scheduled offences or not - proceeds of crime - offences under various sections of the Income-tax Act, 1961, in conjunction with sections of the...

  2. Respondents initiated action under Prevention of Money Laundering Act (PMLA) based on alleged illegal sand mining generating proceeds of crime, without specifying...

  3. This summary pertains to a case involving the grant of regular bail in a money laundering case related to proceeds of crime from a scheduled offence of cheating and...

  4. Proceeds of crime include illegal gratification obtained through corrupt activities, even before the amendment to Section 3 of the Prevention of Money Laundering Act...

  5. HC quashed the ECIR and summons issued to the petitioner under PMLA, finding no evidence of money laundering. The court determined that sites granted as compensation,...

  6. AT determined that provisional property attachment under PMLA was invalid where appellants lacked possession of crime proceeds. While "proceeds of crime" broadly...

  7. Scheduled offence is a prerequisite for initiating proceedings under the Prevention of Money Laundering Act (PMLA). The offence of money laundering u/s 3 of PMLA...

  8. The High Court affirmed the independence of proceedings under the PMLA, clarifying that while the outcome of the scheduled offense may have some bearing on the PMLA...

  9. The SC dismissed the appellant's appeal against money laundering charges under PMLA. The Court rejected the appellant's contention that the alleged acts occurred before...

  10. HC affirmed ED's authority to conduct search, seizure, and account freezing operations under FEMA 1999 and PMLA 2002. Court held that interference during investigation...

  11. The High Court dismissed the petition challenging the complaint filed under the Prevention of Money Laundering Act (PMLA) for customs duty evasion. The court held that...

  12. The court granted regular bail to the petitioner in a money laundering case involving proceeds of crime and non-compliance with subsidized coal regulations. The court...

  13. The case pertains to the grant of regular bail to an Indian national accused of committing an offence under foreign law, which is a scheduled offence under the...

  14. The High Court held that forceful possession of property can be considered proceeds of crime u/s 2(1)(u) of PMLA. Money laundering involves any activity connected with...

  15. In the absence of a scheduled offence/predicate offence, proceedings under the PMLA cannot be sustained. An accused assisting in concealment or use of proceeds of crime...

 

Quick Updates:Latest Updates