Balancing Enforcement and Enterprise: A Case Study on M3M’s Substitution of Attached Property under the PMLA
by Divyangna Malik*, Rahul Suresh** and Sankalp Tewari***
Prevention of Money Laundering Act
‘Prolonged pre-trial detention is anathema to Constitution, besides being in violation of human rights’; Madras HC grants bail to former DMK member Jaffer Sadiq in PMLA case
“Needless to say, that if the accused persons are found influencing any witness, it is always open to the prosecution to seek cancellation of bail and as on date, there is no complaint of any tampering or attempt to influence witnesses.”
Court cannot substitute the doctor’s opinion with its own; Delhi Court extends interim bail on medical grounds in PMLA case
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.
‘PMLA is a cornerstone of India’s legal framework’ says Justice JK Maheshwari at book release of ‘Prevention of Money Laundering Act, 2002: A Practitioner’s Guide’ by Jai Anant Dehadrai
EBC brings Advocate Jai Anant Dehadrai’s book on ‘Prevention of Money Laundering Act, 2002: A Practitioner’s Guide’.
‘Arrest must be rational, fair & based on admissible evidence’; MP High Court grants bail in ₹141.8 Crore PMLA case due to procedural lapses
“When an accused is in custody under PMLA irrespective of the case for which he is under custody, any statement under section 50 of PMLA to the same investigating agency is inadmissible against the maker.”
Custodial statements under Section 50 PMLA are inadmissible; MP High Court grants bail
“The arrest should be rational, fair and as per law and shall not be merely based upon guilt of accused established from inadmissible evidence.”
Beyond Borders: Transnational Effect of PMLA on Offences Committed Abroad
by Juvraj Singh Bindra* and Bhawna Lakhina**
Commission of scheduled offence is a prerequisite for prosecuting an offence under Prevention of Money Laundering Act: J&K High Court
The Court quashed the complaint, charge sheet, and charges framed by the Designated Special Court, Srinagar, under the PMLA.
Cases Reported in HCC
Civil Procedure Code, 1908—Or. 7 R. 11—Rejection of plaint — Appeal against Trial Court’s decision allowing application for rejection
‘Arrest in consonance with Section 19(1) of PMLA’; Punjab and Haryana High Court dismisses AAP MLA Jaswant Singh’s petition challenging his arrest by ED
“In the present case, the Special Court has taken into account the nature of the case against the petitioner and factum of his non-cooperation and other relevant factors while remanding the petitioner into police custody.”
[Excise Liquor Policy] | Arrest of Arvind Kejriwal not in contravention with law; Delhi High Court dismisses Arvind Kejriwal’s plea
Delhi High Court clarified that it is a legal matter between the petitioner and the Directorate of Enforcement, not a conflict between political parties. It stressed the need for the court to maintain its focus on the legal merits of the case, without being influenced by political dynamics.
‘Life threatening nature of cardiac issues cannot be equated with other illnesses’; Delhi HC grants three months interim bail to PMLA accused having severe medical issues
“Each passing moment in the face of cardiac distress is fraught with the peril of irreversible harm, and in case of any eventuality that may occur in applicant not getting proper and specialised treatment, this Court will have to bear the weight of regret.”
Madras HC sets aside ED’s attachment order for not being in accordance with law, making consequential actions unsustainable
Madras High Court noted that even in the counter, ED have not explained how the provisional attachment can be sustained on merits, in view of the sale in favour of the petitioners
Madras HC directs Principal Sessions Court to hear V Senthil Balaji’s bail plea in money laundering case; Set aside transfer of case to MP/MLA Court
“Since the territorial jurisdiction of the present case is in Chennai only, therefore Chennai being one of the jurisdictional area under the notification issued by the Central Government, which comes under the jurisdiction of the PDSJ, Chennai, naturally the said case has to be tried in the said Court”
Landmark Judgments on Prevention of Money Laundering Act by the SC and HC’s in 2022 Part II
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 53
Landmark Judgments on Prevention of Money Laundering Act by the Supreme Court and High Courts in 2022 Part I
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44
The Intersection between Arbitration and Insolvency Proceedings: An Indian Perspective
Devna Arora* and Didon Misri**