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 January 2025 Year 2025 This

HC quashed criminal proceedings under PMLA and IPC sections, ...


High Court Dismisses PMLA Case Against Developer, Rules Contract Dispute Civil in Nature Due to Substantial Work Completion.

January 23, 2025

Case Laws     Money Laundering     HC

HC quashed criminal proceedings under PMLA and IPC sections, finding insufficient evidence of 'proceeds of crime' as defined u/s 2(1)(u) of PMLA. The court determined that M/s. A (developer) had substantially fulfilled contractual obligations, with B (complainant) acknowledging completion of works except for a minor outstanding amount. The dispute was deemed civil in nature, lacking criminal intent required for charges of cheating. The court criticized the ED's allegations regarding non-delivery of services as unfounded, given documented evidence of work completion and corresponding payments. The matter was characterized as a contractual dispute inappropriately converted into criminal proceedings, resulting in dismissal with observations on potential exemplary costs against complainant and ED for harassment.

View Source

 


 

You may also like:

  1. Oppression and mismanagement - maintainability of suit of appellant - Cumulatively, unless, there is specific bar excluding the jurisdiction of the civil Court on any...

  2. Works Contract - Composition Scheme - applicability of Sections 3, 4 and 5 of the CST Act - the concept of subsequent sale was not relevant in the present case inasmuch...

  3. Appointment of Sole Arbitrator to adjudicate the dispute between the parties to the present lis - interpretation of the terms of the contract between the parties - The...

  4. Special Economic Zones (2nd Amendment) Rules, 2018 - Sub-Contracting - Rule 41 amended.

  5. Sale of goods in the SEZ - works contract - Appellate authority has failed to appreciate the fact that it is not possible to abide by sub-rule (2A) of rule 42 of the...

  6. TDS returns - Due dates - Rule 31A prescribing due dates for furnishing TDS statements amended

  7. Refund claim - Rule 5 of Cenvat Credit Rules, 2004 - works contract service were not used for construction or execution of works contract of building or civil structure...

  8. Dishonor of Cheque - Ascertaining nature of transaction - whether a criminal proceeding can be initiated and an accused held guilty when there is already a civil court...

  9. Deduction u/s.80IA(4)(i) - assessee business is in the nature of work contract - The Tribunal engaged in a thorough analysis to determine whether the assessee acted as a...

  10. The case pertains to granting bail in a money laundering case involving scheduled offenses under the Prevention of Money Laundering Act (PMLA). The key points are: the...

  11. Classification - Works Contract service or erection, commissioning or installation service - nature of contract is pure labor contract or not - held that contract in...

  12. Dishonour of Cheque - civil nature dispute - The case revolves around allegations of fraudulent representation in a land transaction. The complainant asserts that the...

  13. Quashing of criminal proceedings u/s 156(3) of Cr.P.C. was ordered as the complainant admitted inability to perform work due to financial condition, despite agreement...

  14. Classification of services - applicability of GST rate - Works Contract - composite supply - receipt of contract for new construction of CBD railway station, platform,...

  15. Classification of supply - Works Contract or not - whether the applicant in the subject case is dealing in any immovable property which is transferred in the execution...

 

Quick Updates:Latest Updates