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By Vijay Pal Dalmia, Partner
Following are the pre-requisites for a valid provisional attachment order under PMLA:-
By Vijay Pal Dalmia, Partner, Aditya Dhar
"Benami Transaction" is defined under Section 2 (9) (A) of The Prohibition of Benami Property Transactions Act, 1988 (hereinafter referred to as "the Act") as:
By Vijay Pal Dalmia, Partner
The provisional attachment under the directions of enforcement authorities is subject to confirmation by the adjudicating authority.
By Vijay Pal Dalmia, Partner
As per Section 2(f) of the Copyright Act, 1957, a "cinematograph film" means any work of visual recording produced through a process from which a moving image may be and includes a sound recording accompanying such visual recording and cinematograph" ...
By Karan Sahi
In ordinary parlance, a hostile takeover shall imply the acquisition of Target Company by the Acquirer which is accomplished by going directly to the company's shareholders or fighting to replace management to get the purchase approved.
By Vijay Pal Dalmia, Partner
SBM Paper Mills Limited ("Corporate Debtor") filed an application under Section 10 of the Insolvency and Bankruptcy Code, 2016 ("IBC") to initiate the CIRP for itself.
By Vijay Pal Dalmia, Partner
In the case before the High Court of Delhi, titled Himachal Emta Power Limited Vs. Union of India and Ors., the primary issue before the court was "What is Proceeds of Crime?".
By Vijay Pal Dalmia, Partner
Article 21 of the Constitution of India provides that no person shall be deprived of life or personal liberty except according to the procedure established by law.
By Vijay Pal Dalmia, Partner
Directorate of Enforcement is a multi-disciplinary organization mandated with the task of enforcing the provisions of two special fiscal laws – Foreign Exchange Management Act, 1999 and Prevention of Money Laundering Act, 2002.
By Vijay Pal Dalmia, Partner
Secured creditors are innocent parties and Rights of the secured creditors have been hampered by the attachment of properties.
By Vijay Pal Dalmia, Partner
The Prevention of Money Laundering Act, 2002 (PMLA) was enacted to prevent the menace of money laundering and to provide for confiscation of property derived from, or involved in, money laundering.
By Vijay Pal Dalmia, Partner
It has been held in catena of judgements that Enforcement Directorate officials do not fall within the category of police officers.
By Vijay Pal Dalmia, Partner
Under PMLA, a person is required to give truthful statement if such person is summoned by the Director.
By Vijay Pal Dalmia, Partner
In the case of Mohtesham Mohd. Ismail vs. Spl.Director, Enforcement Directorate ((220) E.L.T.3 (S.C.) ; MANU/SC/4019/2007) the Hon'ble Supreme Court, in the light of the case Francis Stanly @ Stalin v. Intelligence Officer, Narcotic Control Bureau, ...
By Anand Sree
2019 will mark a decade since the notification of the anti-trust provisions (anti-competitive agreements and abuse of dominant position) of the Competition Act, 2002 (‘Act') on 20 May 2009.
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