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A PMLA prosecution is separate from the scheduled-offence trial, yet it depends on proceeds of crime derived from criminal activity relating to a scheduled offence. The legal effect of the predicate case’s termination therefore requires careful analysis. When …
Section 70 PMLA addresses offences by companies and other associations. It can extend liability beyond the entity, but it does not justify naming ever…
Section 24 PMLA alters the ordinary evidentiary position by creating a statutory presumption concerning proceeds of crime. Its operation must be under…
After a provisional attachment or qualifying seizure, Section 8 PMLA places the property question before the Adjudicating Authority. This stage suppli…
Section 5 PMLA enables provisional attachment of property to prevent alleged proceeds of crime from being concealed, transferred or dealt with in a ma…
Section 19 PMLA permits specified ED officers to arrest only when, on material in possession, they have reason to believe that a person is guilty of a…
Section 50 PMLA gives specified Enforcement Directorate officers powers to summon persons, require records and record evidence. A person summoned is l…
The Supreme Court’s 2024 decision concerning anticipatory bail in PMLA cases confirmed that the special conditions in Section 45 cannot be avoided mer…
Yash Tuteja v. Union of India, 2024 INSC 301, demonstrates the dependence of a money-laundering complaint on legally sustainable scheduled offences. T…
Pavana Dibbur v. Directorate of Enforcement, 2023 INSC 1029, resolved an important question about Section 120B IPC and the PMLA Schedule. The Supreme …
V. Senthil Balaji v. Deputy Director, Directorate of Enforcement, decided in September 2024, applied Article 21 to a PMLA prosecution involving a subs…
In Manish Sisodia v. Directorate of Enforcement, decided on 9 August 2024, the Supreme Court granted bail in the connected corruption and money-launde…
Prem Prakash v. Union of India, decided on 28 August 2024, reinforced that the restrictive bail conditions in Section 45 of the PMLA do not override t…
Tarsem Lal v. Directorate of Enforcement, 2024 INSC 434, clarified the procedure after the Enforcement Directorate files a prosecution complaint witho…
The Supreme Court’s decision in Vijay Madanlal Choudhary v. Union of India, 2022 INSC 757, is the principal modern authority on the structure of the P…