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    <title>2018 (12) TMI 1246 - ATPMLA</title>
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    <description>The Insolvency and Bankruptcy Code&#039;s moratorium, supported by its non obstante clause, was treated as overriding inconsistent proceedings under the money-laundering law, so adjudication for attachment and confirmation could not continue once insolvency moratorium had been declared. Proceedings under section 8 of the Prevention of Money Laundering Act were also characterised as civil and quasi-judicial rather than criminal, because the Adjudicating Authority does not impose punishment or determine criminal guilt and the procedure follows natural justice. On that basis, confirmation of provisional attachment could not be sustained and the impugned action was set aside.</description>
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      <link>https://www.taxtmi.com/caselaws?id=372477</link>
      <description>The Insolvency and Bankruptcy Code&#039;s moratorium, supported by its non obstante clause, was treated as overriding inconsistent proceedings under the money-laundering law, so adjudication for attachment and confirmation could not continue once insolvency moratorium had been declared. Proceedings under section 8 of the Prevention of Money Laundering Act were also characterised as civil and quasi-judicial rather than criminal, because the Adjudicating Authority does not impose punishment or determine criminal guilt and the procedure follows natural justice. On that basis, confirmation of provisional attachment could not be sustained and the impugned action was set aside.</description>
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      <law>Money Laundering</law>
      <pubDate>Wed, 12 Dec 2018 00:00:00 +0530</pubDate>
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