Purposive interpretation of residential house exemption: unregistered purchase agreement alone does not defeat relief, but investment must be verified...
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The High Court considered a case involving a challenge to an attachment order by the Enforcement Directorate under the Prevention of Money Laundering Act. The proceedings stemmed from a crime registered by the Lokayukta for an offence under the Prevention of Corruption Act against the husband and wife. The court noted that the predicate offence under the Prevention of Corruption Act was closed for the wife in 2016 and for the petitioner in 2023. The Lokayukta challenged these proceedings in the Apex Court, which held that if the predicate offence is nullified by a competent court, the PMLA proceedings would also cease. Consequently, the High Court quashed the order by the Adjudicating Authority under the PMLA, allowing the petition.
The High Court considered a case involving a challenge to an attachment order by the Enforcement Directorate under the Prevention of Money Laundering Act. The proceedings stemmed from a crime registered by the Lokayukta for an offence under the Prevention of Corruption Act against the husband and wife. The court noted that the predicate offence under the Prevention of Corruption Act was closed for the wife in 2016 and for the petitioner in 2023. The Lokayukta challenged these proceedings in the Apex Court, which held that if the predicate offence is nullified by a competent court, the PMLA proceedings would also cease. Consequently, the High Court quashed the order by the Adjudicating Authority under the PMLA, allowing the petition.
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