Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
Goods Transport Agency services via e commerce portals: consignment note creates custody and liability and enables exemption for unregistered recipien...
Examines application of the Prevention of Money Laundering Act to proceeds derived from predicate offences, holding that use of criminal proceeds in construction constitutes money laundering attracting PMLA liability and attachment. Emphasises money laundering as a continuing offence, the statutory presumption shifting burden to the accused in money laundering prosecutions, and the distinctness of the PMLA offence from scheduled/predicate offences (so no double jeopardy), permitting concurrent sentences. Notes the retrospective and overriding effect of PMLA and affirms conviction on the trial court record based on oral and documentary evidence establishing possession, acquisition and use of proceeds.
Examines application of the Prevention of Money Laundering Act to proceeds derived from predicate offences, holding that use of criminal proceeds in construction constitutes money laundering attracting PMLA liability and attachment. Emphasises money laundering as a continuing offence, the statutory presumption shifting burden to the accused in money laundering prosecutions, and the distinctness of the PMLA offence from scheduled/predicate offences (so no double jeopardy), permitting concurrent sentences. Notes the retrospective and overriding effect of PMLA and affirms conviction on the trial court record based on oral and documentary evidence establishing possession, acquisition and use of proceeds.
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