Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Money Laundering - scheduled offences - predicate offence - The High Court confirmed that the offense under Section 3 of the PMLA depends on the existence of proceeds from a criminal activity related to a scheduled offense. Following the respondents' acquittal in the predicate offense, the foundational basis for the money laundering charges was negated. The Court ordered the release of the attached properties and bank accounts, stating that since the underlying crime was not proven, the properties could not be considered proceeds of crime. The High Court observed that the mere filing of an appeal against an acquittal does not continue the conditions for criminal proceedings under the PMLA. Thus, until an acquittal is overturned, the discharged individuals should not be subject to the constraints of the charges initially brought against them.
Money Laundering - scheduled offences - predicate offence - The High Court confirmed that the offense under Section 3 of the PMLA depends on the existence of proceeds from a criminal activity related to a scheduled offense. Following the respondents' acquittal in the predicate offense, the foundational basis for the money laundering charges was negated. The Court ordered the release of the attached properties and bank accounts, stating that since the underlying crime was not proven, the properties could not be considered proceeds of crime. The High Court observed that the mere filing of an appeal against an acquittal does not continue the conditions for criminal proceedings under the PMLA. Thus, until an acquittal is overturned, the discharged individuals should not be subject to the constraints of the charges initially brought against them.
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