2018 (10) TMI 1014
Attachment orders - PMLA proceedings - main contention of the appellant is that the appellant has no connection or related to Syed Mobin and his wife, Aisha Naheed his property was wrongly attached under suspicion, therefore, both the orders should be quashed. - Held that - The appellant submits that his property was attached merely on the basis of that the appellant and Aisha Naheed were carrying on partnership business under the name of M/s. Pr....... + More
2018 (10) TMI 1013
Offence under PMLA - no appeal against the acquittal order was filed by the State - Held that - Both the husband and wife were also arrayed as respondent in the PMLA complaint which was pending before the Court of III Addl. District and Sessions Judge, D.K., Mangaluru, who by Order dated 10th August, 2018, has allowed the application filed by them under Section 227 of the Criminal Procedure Code and both were discharged from the offence punishabl....... + More
2018 (10) TMI 1012
Offence under PMLA - Provisional Attachment Order - SARFESI act - whether the banks should wait till the trial is over or recover the amount by enforcing the decree forthwith once decree is become final? - Held that - In the case of Attorney General of India and Ors. 1994 (5) TMI 235 - SUPREME COURT while dealing with the matter under Conservation of Foreign Exchange and Prevention of Smuggling Activities Act has defined the illegally acquired pr....... + More
2018 (10) TMI 1011
Offence under PMLA - attachment order of mortgaged property - PMLA enactment as subsequent to the SARFAESI Act - properties in question have been mortgaged with the appellants much prior to commission of alleged offences - Held that - The properties in question have been mortgaged with the appellants much prior to commission of alleged offences. The main allegation against the SSIL and Shri G. EswaraRao is that around a sum of ₹ 5,30,55,500....... + More
2018 (10) TMI 330
Offence under PMLA - provisional attachment orders - Held that - In view of the fact that the complex facts and circumstances raised in these writ petitions, cannot be adjudicated by this Court at this stage, since the writ petitioners have challenged the very show cause notice and the attachment order passed. The writ petitioners are bound to submit their statements, documents to the respondents to establish their innocence at the first instance....... + More
2018 (10) TMI 329
Offence under PMLA - attachment orders - Held that - From the language of the second proviso, it appears that only in particular types of cases, such power can be exercised as stated in the proviso itself otherwise in remaining/routine matters, the power should be exercised under first proviso. The second proviso should be invoked very carefully only in those cases where it shows that (if not invoked), the attachment proceedings would likely to f....... + More
2018 (10) TMI 38
Maintainability of show cause notice - adjudicating authority jurisdiction to issue a show cause notice or list the matter for final hearing - Held that - The parties agreed that the issue of jurisdiction having been raised by the respondent before the adjudicating authority, the same be decided in the first instance by the adjudicating authority before deciding the penalty on merits. Ordered accordingly. - The respondent states that since the re....... + More
2018 (10) TMI 37
Offence under PMLA - attachment orders - property owned and in possession - Held that - Enforcement Director has verified the facts, as stated in the affidavit, and nineteen shops belonging to DAPL are vacant and available. There is also no dispute that the applicability of the impugned orders has to be restricted to the properties owned and in possession of DAPL. - In view of the above, the orders dated 30.09.2016 and 14.03.2017 are modified to ....... + More
2018 (9) TMI 931
Application for interim stay under section 35 of PMLA Act - provisional attachment order - Held that - The suggestion was made on the last few dates that the attachment order already passed in respect of Room No. 39, 3rd Floor, Ambulkar Sadan, Gokhale Road, South Dadar, Mumbai-400028 may continue till the final outcome of the criminal complaint which is pending before the Special Court. The counsel for the respondent has no objection. The counsel....... + More
2018 (9) TMI 668
Attachment orders - whole case was booked against assessee s husband against whom there are number of FIRs lodged for offences of murder, extortion etc. and we need to first go into the history of the FIRs - Held that - Appellant has made a prima facie case in their favour in as much as the property is in the joint name of her and her husband, that the property has been bought after her marriage and that FIRs are lodged against her husband for va....... + More
2018 (9) TMI 457
Offence under PMLA - material showing existence of any mens rea or culpable knowledge - Held that - It becomes clear that by the impugned order dated 18-7-2014, the Special Court for PMLA mechanically took cognizance of the alleged offence punishable under Section 4 of PMLA qua each of the accused applicants, without even prima-facie material showing existence of any mens rea or culpable knowledge with all or any of them, or of any proceeds of cr....... + More
2018 (9) TMI 456
Complaint under Section 5(5) of Prevention of Money Laundering Act, 2002 - Held that - After affording an opportunity to the petitioners under Section 50 and being satisfied that prima-facie material against them and reason to believe that the petitioners are in possession of proceeds of crime, the complaint has been registered and it is under investigation besides adjudication for attachment. - Under these circumstances, it cannot be construed t....... + More
2018 (9) TMI 265
Offence under PMLA - provisional attachment orders - whether this Court has territorial jurisdiction to entertain the present petition? - Held that - Although the impugned order has been passed by the Deputy Director, ED, from his office in Chandigarh, there is no dispute that the alleged offence of money laundering would have to be tried in Delhi. The impugned order is founded on the FIR which has been registered in Delhi. The Enforcement Case I....... + More
2018 (9) TMI 191
Prevention of Money Laundering - provisional attachment - no notice under section 8(1) or 8(2) has been issued - right of the bank as involved already initiated action under the SARFAESI Act - Held that - There is no denial that the Respondent No. 1 and the Adjudicating Authority failed to issue notice to the Appellant or to afford a hearing to her, during the adjudication proceedings. Thus, the Respondent No. 1 and the Adjudicating Authority hav....... + More
2018 (9) TMI 190
PMLA - provisional attachment orders - Properties mortgaged with the Appellant Bank are proceeds of crime as defined u/s 2(1)(u) of PMLA - PMLA priority over SARFEASI and RDDB & FI Act - Held that - The property of the Appellant Bank cannot be attached or confiscated if there is no illegality in the title of the appellant and there is no charge of money laundering against the appellant. The mortgaged of property is the transfer under the Tran....... + More
2018 (8) TMI 1651
DoE not complied with the requirements of the law - endorsement by the Petitioner s husband on the arrest memo to the effect that he has been informed of the grounds of his arrest - Held that - The legal position as on date is governed by the decision of this court in Moin Akhtar Qureshi v. Union of India (2017 (12) TMI 289 - DELHI HIGH COURT). It cannot therefore be held that the DoE has not complied with the requirements of the law. Consequentl....... + More
2018 (8) TMI 1116
Provisional attachment of properties - Proceedings against Vijay Mallya - Bonafide purchaser of property - invoking provision of Section 2(1)(u) of PMLA, 2002 - during the course of investigation, various properties held/owned/acquired by Shri Vijay Mallya, including those through various companies and/or special purpose vehicle, which were controlled directly or indirectly by him, through dummy Directors appointed by him were identified, which i....... + More
2018 (8) TMI 1024
A complaint under Section 55 of the Wildlife (Protection) Act, 1972 read with Section 200 Cr.P.C., which is a scheduled offence under Money Laundering Act, was filed against the respondents before the court of metropolitan magistrate, Tis Hazari Courts. - With regard to money laundering, a complaint was filed by the petitioner, which is being tried by Special Judge, Patiala House Courts, under the Money Laundering Act. - Held that - The Complaint....... + More
2018 (8) TMI 1023
Proceedings under the Prevention of Money Laundering Act, 2002 - Provisional attachment of property - The appellant was not arrayed in the FIR or charge sheeted. She was not involved in schedule offence. No prosecution complaint is pending against her. - From the documents placed on record, it is evident that the appellant paid the entire purchase consideration from her personal bank account. She has no family relation whatsoever with any of the ....... + More
2018 (8) TMI 426
Offence under PMLA - provisional attachment orders - properties mortgaged with the Appellant Bank acquired by the alleged accused/mortgagor much prior to the date of crime - Held that - There is no denial that all the properties in the subject matter of the Appeal, are mortgaged with the Appellant Bank were acquired by the alleged accused/mortgagor much prior to the date of crime. It is also the stand of the ED that the banks are the victim parti....... + More
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