Supreme Court of India Judgements

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Category: Prevention of Money Laundering Act

Prevention of Money Laundering Act

Prevention of Money Laundering Act, 2002 – Section 19 – Money Laundering Case – Non-furnishing of grounds of arrest – Illegal Arrest – Seeking direction to release – Since by way of safeguard a duty is cast upon the concerned officer to forward a copy of the order along with the material in his possession to the Adjudicating Authority immediately after the arrest of the person, and to take the person arrested to the concerned court within 24 hours of the arrest, the reasonably convenient or reasonably requisite time to inform the arrestee about the grounds of his arrest would be twenty-four hours of the arrest – Appeal dismissed.

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAM KISHOR ARORA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Bela M. Trivedi and Satish Chandra Sharma, JJ. ) Criminal…

Bail Declined Prevention of Money Laundering Act

Criminal Procedure Code, 1973 (CrPC) – Section 439 – Penal Code, 1860 (IPC) – Sections 186, 204, 353, 384 and 120-B – Prevention of Money Laundering Act, 2002 – Sections 3, 4 and 45 – Bail – Money Laundering – Merely because accused is a woman should not be granted the benefit of the first proviso to Section 45 of the PMLA and grant bail

Dec 17, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SAUMYA CHAURASIA — Appellant Vs. DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Aniruddha Bose and Bela M. Trivedi, JJ. ) Criminal Appeal No.…

I P C Prevention of Money Laundering Act

Penal Code, 1860 (IPC) – Section 120B – Prevention of Money Laundering Act, 2002 – Section 3 – Prevention of Money Laundering Act (PMLA) not be applicable to criminal conspiracy under Section 120B of the Indian Penal Code (IPC) unless the conspiracy is specifically related to money laundering – PMLA to be invoked, the conspiracy must have a direct connection to money laundering activities

Dec 2, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAVANA DIBBUR — Appellant Vs. THE DIRECTORATE OF ENFORCEMENT — Respondent ( Before : Abhay S. Oka and Pankaj Mithal, JJ. ) Criminal Appeal…

Constitution Cr P C Prevention of Money Laundering Act

An Authorized Officer under the PMLA, 2002 is not duty bound to follow the rigor of Section 41A of the CrPC, 1973 as against the binding conditions under Section 19 of the PMLA, 2002 – – When an arrestee is forwarded to the jurisdictional Magistrate under Section 19(3) of the PMLA, 2002 no writ of Habeus Corpus would lie — Section 167 of the CrPC, 1973 is a bridge between liberty and investigation performing a fine balancing act

Aug 8, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH V. SENTHIL BALAJI — Appellant Vs. THE STATE REPRESENTED BY DEPUTY DIRECTOR AND OTHERS — Respondent ( Before : A.S. Bopanna and M. M.…

Bail Declined Prevention of Money Laundering Act

Prevention of Money Laundering Act, 2002 – Sections 3 and 4 – Offences of Money Laundering – Cancellation of Bail – Merely because, for the predicated offences the chargesheet might have been filed it cannot be a ground to release the accused on bail in connection with the scheduled offences under the PML Act, 2002.

May 14, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DIRECTORATE OF ENFORCEMENT — Appellant Vs. ADITYA TRIPATHI — Respondent ( Before : M.R. Shah and C.T. Ravikumar, JJ. ) Criminal Appeal No. 1401…

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Penal Code, 1860 (IPC) – Section 302 – Murder – Dispute over a blocked pathway – The Court found no evidence of provocation by the deceased that would justify the appellants’ brutal attack, nor any exercise of the right to private defence – The Court applied principles from previous judgments to determine the lack of private defence and the presence of intention to cause harm – The Supreme Court concluded that the appellants’ actions were not in self-defence and that their intention was to inflict harm, affirming the lower courts’ decisions.

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Consumer

Consumer Law – Insurance Act, 1938 – Section 45 – Policy not to be called in question on ground of mis-statement after two years – The Court found no suppression of material facts and criticized the NCDRC for not requiring proper evidence from the respondent – The judgment discusses the principles of ‘uberrimae fidei’ (utmost good faith) and the burden of proof in insurance contracts – The Court concluded that the insurance company failed to prove the alleged suppression of facts, thus the repudiation was unjustified.

Apr 14, 2024 sclaw