Invocation of jurisdiction of this Court under Section 482 of ...

Case Laws Money Laundering

March 27, 2024

Invocation of jurisdiction of this Court under Section 482 of the Cr.P.C - cognizance of offences on basis of supplementary complaint filed by the respondent against the petitioner second time - Regarding the filing of the supplementary complaint, the High Court determined that it was permissible under the law, especially when further investigation uncovers new evidence or implicates additional offenders. - However, concerning the Special Judge's actions in taking cognizance and issuing process based on the supplementary complaint, the High Court found them legally unsustainable. It clarified that cognizance can only be taken once for the same offense and that the court cannot take cognizance again based on a supplementary complaint when proceedings are already underway based on the initial complaint.

View Source

← Previous Next →

Invocation of jurisdiction of this Court under Section 482 of ...

Case Laws Money Laundering

March 27, 2024

You may also like:

Maintainability of the instant petition against Enforcement Case Information Report (ECIR) - Money Laundering - scheduled offences - predicate offence - scope and spirit...

Zonal jurisdiction of inquiry investigation - transfer of such inquiry/investigatio - The requirement is the application of well-known legal principles involved in each...

Evasion of custom duty - whether the Customs Act prohibits the criminal prosecution under the IPC - The investigating agency or the police would have jurisdiction to...

The principles of exercising jurisdiction u/s 482 of Cr.P.C. were laid down, wherein the courts should be reluctant to quash proceedings even if one or two ingredients...

Offence under Section 277 - Jurisdiction - in the event of accused being an individual, if the said accused has a temporary residence within the jurisdiction of the...

Grant of Anticipatory Bail - respondent had issued notice/summons u/s 70 of CGST - the petitioner has reasons to believe that he may be arrested on accusation for having...

Grant of default bail under Section 167(2) Cr.P.C. - The Supreme Court allowed the appeal, setting aside the High Court's and Special Court's orders granting default...

Smuggling - Gold - plea bargaining versus compounding of offences - The concept of plea bargaining was introduced in Indian criminal jurisprudence by way of amendment...

Money Laundering - scheduled offences - cognizance of offence - The High court concluded that the allegations did not meet the necessary elements to constitute an...

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...

Money laundering case involving proceeds of crime from scheduled offence of conspiracy to siphon crores of rupees deposited by innocent bank depositors. Key points:...

Dishonor of Cheque - complaint has been lodged beyond the statutory period of limitation - the instant case learned ACJM has acted beyond his jurisdiction by issuing...

Dishonor of Cheque - settlement of disputes between the parties - compounding of offences u/s 138 - Needless to say, the operation or effect of a general Act can be...

Power of Dept to issue supplementary SCN - challenged on the ground that the same is without jurisdiction and the law does not permit issuance of such supplementary Show...

Dishonour of Cheque - territorial jurisdiction - When the learned Magistrate on scrutiny of record prima facie came to a decision that process ought to have been issued...

Quick Updates: