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 June 2024 Year 2024 This

The Delhi High Court allowed the application regarding money ...


Substitution of attached property with a bank guarantee in money laundering case allowed. Bank guarantee to be renewed till trial conclusion.

June 3, 2024

Case Laws     Money Laundering     HC

The Delhi High Court allowed the application regarding money laundering and provisional attachment of property. The court ordered the substitution of the attached property, a land worth Rs. 4,68,60,710/-, with a bank guarantee of equivalent amount to be provided by the petitioner within 15 days. The bank guarantee will have a lien in favor of the respondent and will be kept active through periodic renewals until the trial concludes. If the respondents succeed, they can encash the bank guarantee. The petitioner must submit an affidavit undertaking not to create any interest in the bank guarantee for any other party. This decision aligns with Supreme Court precedents allowing substitution of attached property with financial instruments.

View Source

 


 

You may also like:

  1. The HC held that exercising its inherent powers u/s 482 CrPC to prevent abuse of process and secure ends of justice, none of the ingredients for money laundering offense...

  2. The Appellate Tribunal dismissed the appeal, upholding the attachment of properties under the Prevention of Money Laundering Act (PMLA) 2002. Despite acquittals in some...

  3. The Appellate Tribunal addressed issues related to money laundering, proceeds of crime from smuggling narcotics and running extortion rackets. The case involved double...

  4. Money laundering case involving scheduled offence and proceeds of crime. Trust property attached under PMLA despite Trust being bona fide receiver without knowledge of...

  5. Amendment of section 281B. - Attachment of property - Assessing Officer shall revoke attachment of property made under sub-section (1) in a case where the assessee...

  6. Prevention of Money-laundering (Restoration of Confiscated Property) Amendment Rules, 2019

  7. Money laundering case involving attachment of properties. Appellant argued property was acquired prior to offense, hence cannot be attached. Court rejected contention,...

  8. Money Laundering - Release of attached property - exercise of the powers of confiscation or release of the attached property by this Appellate Tribunal is beyond the...

  9. Encashment of Bank Guarantees during CIRP period - scope of moratorium u/s 14 of IBC - If bank guarantee is beyond the mentioned amount in the bank guarantee, if the...

  10. If a banker issues a bank guarantee without taking 100% cash security in respect thereof, then such banker is extending a credit facility out of public money. If such a...

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

  12. Invocation of Bank Guarantee allowing the Application of the Resolution Professional - Performance Bank Guarantee or not - as per the facts of this case, the Bank...

  13. Liquidation Proceedings - Invocation of Bank Guarantee - there is no material to show that any fraud was played by the Corporate Debtor in obtaining Bank Guarantee from...

  14. The text appears to be a comprehensive legal document outlining bank guarantee and customs bond procedures. Here's the focused legal summary: The document establishes...

  15. Seeking release of attached property and to restore possession - property of Corporate Debtor who is not a financial establishment as defined under Section 2(e) WBPIDFE...

 

Quick Updates:Latest Updates