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
2018 (6) TMI 341
Second trial under PMLA for the same offence/allegations against the appellant - Held that - Once the appellant Sri Chandrashekhar 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 whereby FIR ....... + More
2018 (6) TMI 14
Scheduled offence under the Prevention of Money-Laundering Act, 2002 - whether the alleged offence under Section 13(1)(e) r/w Section 13(2) of the Prevention of Corruption Act, 1988 was included in para 8 of the schedule of the Prevention of Money Laundering Act, 2002 by amendment to the said Act only in the year 2013? - provisional attachment - Held that - Before passing the Provisional Attachment Order under Section 5(1) of the Prevention of Mo....... + More
2018 (5) TMI 1242
Offence under PMLA - Provisional Attachment Orders - proof of property purchased from the alleged proceeds of crime - as by way of the SARFAESI provisions the properties are being taken in possession by the Appellant Bank - Held that - That the definition of proceeds of crime as per Section 2(u) of the PML Act comprises of the property which is derived or obtained as a result of criminal activity. In the present case, all the properties have been....... + More
2018 (5) TMI 1066
Offence under PMLA - attachment orders - Held that - From the entire gamut of the above mentioned three appeals with regard to the two properties which were purchased by S.V. Srinivas for a total sum of ₹ 9,30,000/- which were given by him to his mother and wife. The allegation made against him is that he has declared in the Income tax Return for the period 2007-08 was only ₹ 5,17,888/- whereas the two properties, the declared value i....... + More
2018 (5) TMI 993
Offense under PMLA - attachment orders - no notice before passing the attachment order or statement recorded - Held that - The Adjudicating Authority upon receipt of a complaint under section 5(5) of Act; under section 8 (1) of the Act is bound to peruse the same and upon perusal of such a complaint if it has reason to believe that any person has committed an offence under section 3 of the Act or is in possession of proceeds of crime may serve a ....... + More
2018 (5) TMI 992
Offence under PMLA - provisional order of attachment - attachment of property involved in money-laundering - order of provisional attachment attaching property on the basis the statement given by this Appellant s son S.V Srinivas on 12.6.2012 who was interrogated by the respondent (who was arrayed as the 9th Defendant) - Held that - Adjudicating Authority is bound to go through reason to believe recorded before passing the provisional attachment ....... + More
2018 (5) TMI 925
Provisional attachment order - offence under PMLA - nexus between the alleged crime and the Bank who is mortgagee of the properties in question which were purchased before sanctioning the loan - overriding effect of PMLA - date of acquisition of property - Held that - It is an admitted fact that the properties herein are mortgaged with the appellant Bank. It is also a fact that the mortgaged properties are not acquired out of any proceeds of crim....... + More
2018 (5) TMI 728
Offence under PMLA - bail application - Held that - FIR No.205/2016 the Crime Branch did not even think it fit to arrest the petitioners and filed a charge-sheet without arrest. The evidence in the present case is primarily documentary in nature and statements of accused which are admissible in evidence have already been recorded under Section 50 of PMLA. Further corroborative evidence in the form of CCTV footage and call detail records is also d....... + More
2018 (5) TMI 727
Offence under PMLA - appeal filed by minor - provisional attachment order - property gifted by grandfather - Held that - The said property was gifted by the grandfather in favour of the appellant vide Registered Gift Deed dated 15.12.2008, which was originally purchased by the great grandmother of the appellant in the year 1968. The property was acquired by the appellant of one floor i.e. 1st floor, bearing municipal no. 15-1-469 situated at Feel....... + More
2018 (5) TMI 329
Offence under PMLA - Attachment orders of mortgaged properties with the Appellant Bank - Held that - The Borrower i.e. M/s. PRP Granites was repaying the loan amount to the Appellant Bank till 31.03.2013 whereafter in pursuance of frozen orders of the Deputy Superintendent of Police, Prohibition Enforcement Wing doing vide letter dated 31.08.2012, the loan account became NPA and the total outstanding demand was quantified ₹ 135.08 Crores on....... + More
2018 (5) TMI 225
Offence under PMLA - provisional order of attachment - application to keep the civil proceeding in abeyance for confirmation of the provisional order of attachment during pendency of the trial - Held that - This Court is of the opinion that there is no further issue to be decided and the writ application can be disposed of with the observation that the findings, which may be recorded by the adjudicating authority, would be prima facie the finding....... + More
2018 (4) TMI 1411
Provision under PMLA Act - the attached properties were purchased which are mortgaged properties much prior to the period when the facility of loan sanctioned to the borrowers - Held that - The complainant in the criminal case is the Bank who is victim. Had the Bank not filed a criminal complaint. If the security of the Bank, is treated as proceeds of crime and is confiscated under the Act, in future, no Bank in such circumstances would make a co....... + More
2018 (4) TMI 1410
Offence under PMLA Act - writ petitioner is seeking exemption only on the ground that a woman is exempted from personal appearance under Section 160 of the Code of Criminal Procedure - Held that - Except by claiming that women are exempted under Section 160 of the Code of Criminal Procedure, the facts regarding the position, status and capacity of the writ petitioner to travel and provide informations to the authorities are not denied. The writ p....... + More
2018 (4) TMI 680
Provisional attachment order - Appellant explained the position of the acquittal but the adjudicating authority, PMLA, New Delhi still attached the properties of the appellant - Held that - Proceeds of Crime under Section 2(1)(u) of the PML Act is a property which is derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence . Scheduled Offence is a predicate offence and the occurre....... + More
2018 (4) TMI 600
Offence under PMLA - provisional attachment - Held that - Adjudicating Authority ought not to have reached an adverse conclusion affecting the rights of the Appellant and ought not to have acted in haste without following the procedure established by law. The only reason given in the impugned order for upholding the provisional attachment order passed by the ED in respect of the said property is that the said property was owned by M/s Shamken Mul....... + More
2018 (3) TMI 1065
Offence under PMLA - Provisional Attachment Order - Held that - During the course of the hearing, the learned counsel appearing on behalf of the respondent has stated that as far as the calculation of the Judgement of property is concerned this Appellate Tribunal has to give the final findings and in case the allegations against the appellants are proved in the complaint under the scheduled offence in Prevention of Money Laundering Act then the m....... + More
2018 (3) TMI 419
Acquittal from the charges punishable under Section 3 read with Section 4 of PMLA 2002 - Held that - The accused were acquitted from the charges punishable under Section 3 read with Section 4 of PMLA 2002 wherein it was further ordered that the properties of the accused which were attached by the said authority are acquitted u/s 235(1) Cr.P.C. from the charges punishable u/s 3 r/w 4 of the Prevention of Money Laundering Act, 2002 and the properti....... + More
2018 (3) TMI 276
Offence under PMLA - Attachment of property involved in money-laundering - Held that - In the present case, defendant No.3 has challenged the order of attachment passed by the authorities in respect of the property which does not belong to him. The subject matter of the present appeal is not the prosecution launched against the defendant No.3. As we have already indicated that it will be open to the defendant No.3 to consider for applying for dis....... + More
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