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
2018 (8) TMI 364
Offense under Prevention of Money Laundering Act - Held that - The allegations against the petitioner are of having received cash to the tune of ₹1,52,50,000/- in various Branches at Delhi and Mumbai withdrawn from various companies of SBL group in cash and thereafter by rotating it through various shell companies received the money in RAG Buildtech owned by his son, shares whereof were then inflated and from the money infused in RAG Buildt....... + More
2018 (8) TMI 182
Offence under PMLA - Attachment orders continue till the final outcome of the criminal complaint which is pending before the Special Court - Held that - Matter was listed from time to time in the connected appeals though the appellants are different in common order. 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 m....... + More
2018 (8) TMI 36
Offence under PMLA - Held that - The presumption under section 5(1)(a) cannot be drawn ipso facto that they have in their possession the proceed of crime received as professional charges and on the basis of presumption, their movable and immovable properties can be attached unless link and nexus directly or indirectly towards crime with the accused is established within the meaning of section 2(1)(u) of the Act. In the absence as mentioned above,....... + More
2018 (7) TMI 1800
Offence under PMLA - provisional attachment order - The properties in question are admittedly mortgaged with the bank who sought to be detached and released in favour of the appellant bank - Held that - In the present appeal it is admitted position that the loan was given by the bank in good faith who had suffered a loss because of non-return of money by the borrowers. It is evident from the said proviso that in case the claimant would be able to....... + More
2018 (7) TMI 1223
Offence under PMLA - Attachment orders - transaction from proceeds of crime - Held that - In the impugned order there is no finding at all as to whether ₹ 70 lakhs which was received by the appellant was from alleged tainted amount is received from ₹ 85 crores or from ₹ 19 crores which is claim to the untainted money. In the impugned order, there is no specific finding after going through the record to establish as whether ͅ....... + More
2018 (7) TMI 1222
Offence under PMLA - Provisional Attachment Order - Held that - the respondent cannot be permitted to say that since the bank was not a party to the proceedings by taking the reap advantage or benefit from such transfer of shares as the respondent No. 1 was the party and the interim order was passed in the presence of his counsel. The said argument have no substance. Even after transfer of shares by the bank in favour of the respondent No. 1, it ....... + More
2018 (7) TMI 708
Offense under Prevention of Money-Laundering - question of determination of sex - Held that - It is an admitted fact that initially the appellant was permitted to appear through the authorised agent. The impugned notice was issued on finding certain new facts and contradiction in the statements given, which could not be satisfactorily explained by the authorised agent. The appellant has been rendering a professional service by travelling extensiv....... + More
2018 (7) TMI 707
Offence under PMLA - attachment Order in regard to properties mortgaged/hypothecated with the Appellant Bank - mortgaged properties purchased from the proceed of crime - Held that - It is admitted position that the loan was given by the bank in good faith who had suffered a loss because of non-return of money by the borrowers. It is evident from the said proviso that in case the claimant would be able to satisfy the Special Court that it has acte....... + More
2018 (7) TMI 445
Offence under PMLA - Provisional Attachment - properties purchased from the proceed of crime - Held that - It is admitted position that the loan was given by the banks in good faith who has suffered a loss because of non-return of money by the borrowers i.e. serial no. 11 (as a appellant). The borrower is also arrayed as one of the respondent in the appeal filed by the banks. It is evident from the said proviso that in case the claimant would be ....... + More
2018 (7) TMI 444
Offence under PMLA - provisional attachment order - product of proceeds of crime allegedly generated in the instant case - Held that - There is no nexus whatsoever between the alleged crime and the Appellant Bank who is the mortgagee of the properties in question which were purchased before sanctioning the loan. Thus, no case of money-laundering is made out against Appellant Bank who has sanctioned the amount which is untainted and pure money. Th....... + More
2018 (7) TMI 341
Offence under PMLA - attachment orders - property obtained from the proceeds of crime - Held that - In the facts of the present case the property in question was granted on lease by IDCO, a 100% public sector undertaking of the State of Odisha to Defendant No. 1 and had reverted back to the corporation on account of non compliance by M/s Ignis Technology Solutions Pvt. Ltd. of the conditions of allotment. - The adjudicating authority did not appr....... + More
2018 (7) TMI 340
Offence under PMLA - whether the properties mortgaged with the Respondent no. 5 Bank are proceeds of crime as defined u/s 2(1)(u) of PMLA - whether the PMLA has priority over SARFEASI and RDDB & FI Act - Held that - In the present case, the SARFAESI Act, RDDB Act and PMLA are special Acts. The SARFAESI Act and RDDB Act are enacted earlier to PMLA. The RDDB Act and PMLA have non-obstante clause. Recently in 2016 the Parliament has amended the ....... + More
2018 (7) TMI 185
Violation of PMLA - writ prayers seek protection of possession claimed by petitioners against respondents or allow petitioners to continue to remain in possession of properties claimed by them under lease arrangement - Held that - The petitioners claim a right through respondent Nos. 3 to 6 or respondent No. 3 as the case may be, who are accused in the case pending investigation and trial under the PMLA, 2002. The mode, manner and method of exerc....... + More
2018 (7) TMI 33
Offence under PMLA - provisional attachment orders - whether mortgaged properties purchase from the proceed of crime? - loan granted by banks - Held that - It is admitted position that the loan was given by the banks in good faith who has suffered a less because of non-return of money by the borrowers i.e. serial no. 11 (as a appellant). The borrower is also arrayed as one of the respondent in the appeal filed by the banks. It is evident from the....... + More
2018 (6) TMI 484
Offence under PMLA - Provisional Attachment Order - Order of acquittal - Held that - From the Impugned Order that the reply/documents/materials and evidence filed by the appellant have not been considered nor the statement made by Shri Shankar Kollur, Smt. Parvati Shankar Kollur, Shri AvinashKollur and Shri Rakesh Kollur which would show the salary income / rental income /agriculture income /tailoring income/ business income/hiring of vehicles /i....... + More
2018 (6) TMI 388
Offence under PMLA - provisional attachment orders - order of acquittal - Held that - Once the main appellant has been acquitted by the Special Court under the Schedule Offence after the trial and no appeal has been filed by the State against the said Judgement (as informed by the parties), the appeal is liable to be allowed. The complaint under schedule offence was decided on merit after recording the evidence. The FIR was filed in 2009 as well ....... + More
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