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 April 2024 Year 2024 This

The High Court affirmed the independence of proceedings under ...

Case Laws     Money Laundering

April 1, 2024

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 case, the prosecution must independently prove the allegations under the PMLA. - The Court criticized the complainant for presuming that the scheduled offense automatically generated proceeds of crime, emphasizing the need for independent proof. It noted deficiencies in the evidence presented by the prosecution, particularly regarding the source of the alleged proceeds of crime. - Ultimately, the High Court concluded that the appeal lacked merit and upheld the trial court's decision to dismiss the complaint. It emphasized that an acquittal should not be disturbed unless there are serious legal infirmities or factual errors, which were not present in this case.

View Source

 


 

You may also like:

  1. 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...

  2. 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...

  3. Jurisdiction - power of Special Courts - The contention that cases relating to scheduled offences punishable under the PC Act (as specified in Paragraph 8 of Part A of...

  4. The High Court dismissed the petitions seeking to quash the criminal complaint under the Prevention of Money-Laundering Act, 2002 (PMLA). The petitioners argued that the...

  5. Money Laundering - scheduled offence - proceeds of crime - There is a distinct difference in the reason to believe appearing in Section 17 and the reason to believe in...

  6. Provisional Attachment Order - scheduled offences or not - when the accused person has been acquitted in the scheduled offence under the PMLA, the closure of the...

  7. 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...

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

  9. Offence under PMLA - attachment of property - Since the action taken by the Bank of India was in accordance with law and was prior to the proceedings initiated under...

  10. The legality and validity of the termination of arbitral proceedings u/s 32(2)(c) of the Arbitration and Conciliation Act, 1996 - The Supreme Court found no evidence of...

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

  12. The petitioner sought to restrain criminal proceedings for money laundering. Citing a Supreme Court case, it was held that money laundering can be a continuing offence...

  13. Section 50 of Prevention of Money Laundering Act, 2002 held constitutional and not violative of Articles 14, 20, and 21 of Constitution of India and Section 132 of...

  14. Dishonour of Cheque - Effect of arbitration proceedings - The High Court referred to a Supreme Court judgment which clarified that arbitration proceedings and...

  15. 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...

 

Quick Updates:Latest Updates