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    <title>2022 (11) TMI 1280 - CALCUTTA HIGH COURT</title>
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    <description>Where the scheduled offence had already been quashed and no proceeds of crime were shown to survive, the foundation for a PMLA prosecution fell away because money-laundering liability is contingent on property derived from criminal activity relating to a subsisting scheduled offence. On that footing, the Court held that the ECIR and all connected proceedings could not be sustained and that continuation would amount to abuse of process. The HC therefore exercised inherent jurisdiction to quash the ECIR and the proceedings arising from it, treating the PMLA action as incapable of surviving independently once the predicate offence had ceased to exist.</description>
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    <pubDate>Mon, 28 Nov 2022 00:00:00 +0530</pubDate>
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      <title>2022 (11) TMI 1280 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=430856</link>
      <description>Where the scheduled offence had already been quashed and no proceeds of crime were shown to survive, the foundation for a PMLA prosecution fell away because money-laundering liability is contingent on property derived from criminal activity relating to a subsisting scheduled offence. On that footing, the Court held that the ECIR and all connected proceedings could not be sustained and that continuation would amount to abuse of process. The HC therefore exercised inherent jurisdiction to quash the ECIR and the proceedings arising from it, treating the PMLA action as incapable of surviving independently once the predicate offence had ceased to exist.</description>
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      <law>Money Laundering</law>
      <pubDate>Mon, 28 Nov 2022 00:00:00 +0530</pubDate>
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