Mondaq India: Government, Public Sector > Money Laundering
Vaish Associates Advocates
R. Subramanian v. The Assistant Director, Directorate of Enforcement Decided by the High Court of Madras reported at MANU/TN/5918/2018
Vaish Associates Advocates
In fact it is in anticipation of prosecution that attachment proceedings are initiated.
Vaish Associates Advocates
The notice to show cause under Section 8 of the Act had been issued by the Adjudicating Authority, based in Delhi.
Vaish Associates Advocates
The petitioner in this case titled Anand Chauhan vs. Directorate of Enforcement http://lobis.nic.in/ddir/dhc/VSA/judgement/10-04-2017/VSA10042017BA22412016.pdf / MANU/DE/0928/2017.
Vaish Associates Advocates
In this case (Bank of Baroda and Ors. vs. The Deputy Director, Directorate of Enforcement, Mumbai and Ors.
Vaish Associates Advocates
The petitioner, M/S Himachal Emta Power Limited, had filed the present petition under Article 226 & 227 of the Constitution of India, inter alia.
Vaish Associates Advocates
A huge sum of Rs. 5383 crores was stated to be outstanding.
Vaish Associates Advocates
Thus, these Writ Petitions were consolidated before the Division Bench of the High Court of Delhi.
Vaish Associates Advocates
The Court heard arguments on the issue of territorial jurisdiction.
Vaish Associates Advocates
The High Court of Madhya Pradesh held that the applicant was duly cooperating with the investigation and no prayer was made to arrest him during the investigation.
Vaish Associates Advocates
In the FIR both the petitioners were on bail and charge-sheet was filed without arrest.
AZB & Partners
2019 has thus far been an eventful year for private clients. We have had a General Election accompanied by two Budgets, and the introduction of some important legal provisions through money ...
Cyril Amarchand Mangaldas
The Finance Act, 2019 (the 2019 Act) is the Central Government's endeavour to tighten the gaps around the existing provisions of the Prevention of Money Laundering Act, 2002
Vaish Associates Advocates
Recently by Finance Act, 2019, which received the assent of the President of India and became an Act, certain amendments have been made in the provisions of the Prevention of Money Laundering Act, 2002.
Vaish Associates Advocates
The scope of S. 2(1)(u) of PMLA was further expanded by the Finance Act, 2018.
Vaish Associates Advocates
The offence of cross-border implications has been defined u/s 2(1)(ra) of The Prevention of Money Laundering Act, 2002 (hereinafter, PMLA).
Vaish Associates Advocates
The offence of Money Laundering has been defined u/s 3 of the Prevention of Money Laundering Act, 2002 (hereinafter, PMLA) as an act where:
Vaish Associates Advocates
The Authorities cannot bypass the legislative intent using the tool of arbitrary discretion and need to abide by the legislative wisdom behind a particular provision.
Vaish Associates Advocates
Further in this particular case the Delhi High court dealt with two important questions as well.
Vaish Associates Advocates
That the Hon'ble Supreme Court in the case of Nikesh Tarachand Shah vs. Union of India & Anr., Writ Petition (Criminal) No. 67 OF 2017, had struck down Section 45(1) of the Prevention of Money Laundering Act, 2002 ...
Most Popular Recent Articles
Vaish Associates Advocates
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.
Cyril Amarchand Mangaldas
The Finance Act, 2019 (the 2019 Act) is the Central Government's endeavour to tighten the gaps around the existing provisions of the Prevention of Money Laundering Act, 2002
Vaish Associates Advocates
The offence of Money Laundering has been defined u/s 3 of the Prevention of Money Laundering Act, 2002 (hereinafter, PMLA) as an act where:
Vaish Associates Advocates
Recently by Finance Act, 2019, which received the assent of the President of India and became an Act, certain amendments have been made in the provisions of the Prevention of Money Laundering Act, 2002.
AZB & Partners
2019 has thus far been an eventful year for private clients. We have had a General Election accompanied by two Budgets, and the introduction of some important legal provisions through money ...
Vaish Associates Advocates
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.
Vaish Associates Advocates
That the Hon'ble Supreme Court in the case of Nikesh Tarachand Shah vs. Union of India & Anr., Writ Petition (Criminal) No. 67 OF 2017, had struck down Section 45(1) of the Prevention of Money Laundering Act, 2002 ...
Vaish Associates Advocates
A huge sum of Rs. 5383 crores was stated to be outstanding.
AMLEGALS
"No attachment can be ordered under the Prevention of Money Laundering Act, 2002 with respect to the assets of the Coprorate Debtor undergoing insolvency process."
Vaish Associates Advocates
In this case (Bank of Baroda and Ors. vs. The Deputy Director, Directorate of Enforcement, Mumbai and Ors.
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