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When any investigating agency, on the intimation from the ED, commences investigation then the ED can investigate into those aspects provided there are “proceeds of crime” of the predicate offence. However, if no such case is found, then the ED cannot suo-motu proceed with the investigation.
“The investigation conducted so far revealed that mule accounts were opened within Kerala with the assistance of persons including the accused.”
by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***
2025 SCC Vol. 5 Part 5: Explore the latest Supreme Court Cases on Administrative Law, Arbitration, Constitution, Income Tax, Criminal Law, Prevention of Money Laundering, and Service Law.
by Avik Biswas*, Rithika Reddy** and Prerna Acharya***
The right to travel has been held by the Supreme Court as an integral part of the fundamental right to life under Article 21 of the Constitution, and any restriction of the same without sufficient cause, would amount to a violation of his fundamental rights.
The Union contended that Sunil had not paid anything to the various banks that had given credit facilities amounting to approximately Rs. 2947 Crores to the Sai Infosystem (India) Ltd.
by C. George Thomas* and Ansh Mittal**
The case began with a search and seizure by the Enforcement Directorate under Section 37 of FEMA at the petitioners’ premises and during the operation, the petitioners allegedly confessed to illegal hawala transactions worth ₹3,500 crore routed abroad using fabricated documents to remit money to their companies in Hong Kong and Canada.
Justice Bela M. Trivedi, who was appointed as a Supreme Court Judge in 2021, became the first woman Judge from Gujarat High Court to be elevated to the Supreme Court and is a Limca Book of Records holder.
The Court also refused to issue a blanket direction restraining the registration of FIRs against him or mandating a preliminary inquiry in all future cases involving him, opining that such a direction would not only be contrary to the statutory framework of the CrPC but would also amount to judicial overreach.
It is the applicant’s case that he had undergone the aforesaid spinal surgery involving insertion of screws, at VNA Hospital, on 15-01-2025 and was admitted there till 20-01-2025, after which he continues to be in severe pain and has been advised bed rest for 6 weeks, as recently as on 17-02-2025.
Top criminal cases on quashing of proceedings, arrest, bail, acquittal, and more.
The Petitioner further contended that the second proviso to the Section 8(8) of PMLA, 2002, is in contravention with the settled law provided under the PMLA, 2002.
A quick legal roundup to cover important stories from all High Courts this week.
“Consideration of two conditions mentioned in Section 45 is mandatory, and while considering the bail application, the said rigours of Section 45 have to be reckoned by the court to uphold the objectives of the PMLA.”
A plain reading of Section 32A IBC reveals that once a resolution plan is approved under Section 31, the Corporate Debtor shall not be prosecuted for an offence committed prior to the commencement of the CIRP. However, this immunity does not extend to the erstwhile officers and persons responsible for the conduct of its business prior to CIRP.
Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.
An entire syndicate with established network and properly defined roles exists and operates at different levels, which, when taken into consideration in entirety, clearly indicates that the proceeds of crime are more than Rs. 1 Crore.