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...
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
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