Court : Supreme Court of India
..... list of amending acts is as follows: a) the prevention of money-laundering (amendment) act, 2005 (20 of 2005) (w.e.f ..... 1-7-2005); b) the prevention of money-laundering (amendment) act, 2009 (21 of 2009 ..... the parliament acting on such recommendations amended sub-section (1) of section 5 vide prevention of money-laundering (amendment) act, 2012 and deleted the requirement that attachment can be made only qua the person who has been charged for committing the ..... stated that section 5(1) was amended vide prevention of money-laundering (amendment) act, 2009 and second proviso was inserted for the first time which made the provision for immediate attachment of the property involved in money-laundering. ..... a view to address the legal deficiency as pointed out by fatf and to make it globally compliant, the prevention of money-laundering (amendment) act, 2012 amended section 3 to include these activities. ..... along with the material, and copy of the reasons along with the material in respect of survey, to the adjudicating authority and its period of retention) rules, 2005; b) the prevention of money-laundering (receipt and management of confiscated properties) rules, 2005; c) the prevention of money-laundering (maintenance of records) rules, 2005 as amended by (fifth amendment) rules, 2019; d) the prevention of money-laundering (forms, search and seizure or freezing & the manner of forwarding the reasons and material to the adjudicating authority, impounding and custody of records and the period .....
Tag this Judgment!Court : Karnataka
..... of india, praying to direct/commanding/ordering sections 2(u), 3, 5(1), 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 9, 17(1), 18(1), 19, 23, 24 and section 44 of the prevention of money- laundering act 2002, (central act 15 of 2003) [the act] amended by the prevention of money laundering (amendment) act, 2005 (central act 20 of 2005) [the amendment act]; further amended by the prevention of money-laundering (amendment) act, 2009 [central act 21 of 2009] (the 2nd amendment act) and further amended by the prevention of money-laundering (amendment) act, 2012 [central act 2 of 2013] (the 3rd amendment act) (w.e.f.15.2.2013), ultra virus , oppressive and unconstitutional. ..... amended by the prevention of money laundering (amendment ) act, 2005 (central act ..... 2005) and as further amended by the prevention of money laundering (amendment) act, 2009 (central act 21 of 2009) and further amended by the prevention of money laundering (amendment) act, 2013 (central act ..... praying to direct in the nature of mandamus/directing/commanding/ordering the amended provisions sections 2(u), 3, 5(1), 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 9, of the money-laundering act 2002, and as amended by the prevention of money-laundering (amendment) act, 2012 (central act 2 of 2013) [the 3rd amendment act) (w.e.f.15.2.2013), ultra virus , oppressive and unconstitutional and declare the complaint spl.c.c.no.124/2014 under section 3 and 4 of the pml act and all proceedings culminating therefrom are illegal, oppressive as being filed .....
Tag this Judgment!Court : Delhi
..... of the petitioners to above effect primarily arise from amendment of the prevention of money-laundering act, 2002 by the prevention of money-laundering (amendment) act, 2005 (act 20 of 2005), particularly of the provision contained in section 45. ..... by the prevention of money-laundering (amendment) act, 2005 (act no.20 of 2005), the clause contained in section 45(1)(a) quoted above ..... justice r.k.gauba wp(c) 856/2016 & connected matters page 2 of 101 judgment1 these writ petitions have raised common questions of law of general interest involving provisions of prevention of money laundering act, 2002 (for short, pmla ) in the context of a case under investigation with enforcement directorate of ministry of finance in the government of india (headquarters investigation), it having been described as enforcement case information report no.ecir/hq/02/hiu/2015 ..... & connected matters page 50 of 101 united nations in the special session on countering world drug problem together, on the basis of report of the standing committee submitted on 4th march 1999, the parliament enacted the prevention of money-laundering act, 2002 with the avowed objective "to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money- laundering and for matters connected therewith or incidental thereto. ..... conclusions143 it is clear from the above discussion that the prevention of money-laundering act, 2002 is a complete code which overrides the general criminal law to the .....
Tag this Judgment!Court : Supreme Court of India
..... under section 3/4 of the prevention of money laundering act, 2002 is illegal, unconstitutional and in violation of the fundamental right of the petitioner guaranteed and protected under article 21 of the constitution of india; issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus declaring that the offences under the prevention of money laundering act, 2002 (act 15 of 2003) pursuant to the prevention of money laundering (amendment) act, 2005 (act 20 of 2005) which came into force w.e.f. ..... 1 dated 24.06.2017 filed by the crime branch, new delhi alleging commission of offences under sections 420/188/109/120b/34 ipc and section 12 of the prevention of corruption act, 1988 (none of which were under part a of the schedule prior to the prevention of money laundering (amendment) act, 2012 (act 2 of 2013) and formed part of part b of the schedule; issue a writ of mandamus or any other appropriate writ, order or direction declaring the continued incarceration of the petitioner since 28.12.2016 in 21 ecir/18/dz ii/2016/ad dated 26.12.2016 .....
Tag this Judgment!Court : Delhi
..... it was contended that the provisions of the act have been applied retrospectively as section 420 and 120b of indian penal code for which the petitioner has been charged with were not a part of scheduled offences at the time of commission of the offence in the year 2005 and said provisions were added in part a of the schedule by the prevention of money-laundering (amendment) act, 2009 effective from 01.06.2009. ..... as stated hereinbefore, the scope of the offence of money-laundering was widened by virtue of the prevention of money-laundering (amendment) act, 2012 and the rigor of section 3 of the act also extends to any person who assists or is a party or is involved in any process or activity connected with concealment, possession, acquisition or use of proceeds of crime ..... it is relevant to note that section 3 of the act was amended by prevention of money-laundering (amendment) act, 2012 with effect from 03.01.2013. ..... in view of the statutory amendment to section 5 of the act carried out by virtue of prevention of money-laundering (amendment) act, 2012, this controversy does not ..... 4.5 that the scheduled offences incorporated by the prevention of money-laundering (amendment) act, 2009, with effect from 01.06.2009, have a retrospective ..... 5(1) of the act was further amended by prevention of money-laundering (amendment) act, 2012. ..... is seen from the above that the scope of the offence of money-laundering has been widened by virtue of the prevention of money-laundering (amendment) act, 2012. .....
Tag this Judgment!Court : Supreme Court of India
..... act was further amended by prevention of money-laundering (amendment) act ..... of prevention of money laundering (amendment) act, 2009 ..... c.c.no.l9 of 2020 and c.c.no.24 of 2021 are quashed pursuant to the orders in the applications filed by the respective persons to quash the proceedings, in which event, the respondent cannot step in or initiate any proceedings under the prevention of money-laundering act, as held by the hon'ble supreme court in vijay madanlal chaudhary and others and in parvathi kollur and another v. ..... india and others, 2022 (10) scale577has held that in the absence of proceeds of crime, the authorities under the prevention of money- laundering act cannot step in or initiate any prosecution, therefore, the writ petition deserves to be allowed, by quashing the impugned ..... sections 120b, 419, 420, 467 and 471 of ipc and sections 7 and 13 of the pc act are included in the schedule to the prevention of money-laundering act, 200211, the registration of the information report by ed on 29.07.2021 cannot be faulted.51. ..... possible; (xvi) that in any case, vijay madanlal choudhary has taken note of different views of several high courts including the high 30 (1898) ac375(378) 31 (1939) ac215(245) 32 (2004) 5 scc51833 (2005) 2 scc67363 courts of bombay, delhi, jharkhand and punjab and haryana, etc. ..... act has come into force with effect from 1st july 2005 ..... 2003, the united nations general assembly adopted the un convention against corruption and the convention came into force in 2005. .....
Tag this Judgment!Court : Delhi
..... justice r.k.gauba judgment1 these five appeals presented under section 42 of the prevention of money-laundering act, 2002 ( pmla , for short) against more or less similar orders of the appellate tribunal (constituted under section 25), such orders having been rendered on appeals of the respondents ( banks ) vis- -vis the orders of provisional attachment ..... 01.07.2005 and has been amended more than once, lastly by the finance act, 2018 and the prevention of corruption (amendment) act, 2018. ..... the said law continues to operate till date, the jurisdiction to enforce it having been conferred on the special judge appointed under the prevention of corruption act, 1988, inter alia, by section 5(6), as reinforced by a new provision (section 18a in chapter iva) on the subject of "attachment and forfeiture of property", added by the prevention of corruption (amendment) act, 2018. ..... the uapa was amended by act no.29 of 2004 simultaneous to the repeal of the prevention of terrorism act, 2002 ("pota", for short). ..... but, some confusion has come about, as is the subject matter of the discourse in the impugned decisions of the appellate tribunal, on account of certain amendments, inter alia, to rdba and sarfaesi act, by the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016 (act no.44 of 2016), which came into force from 01.09.2016. .....
Tag this Judgment!Court : Delhi
..... justice r.k.gauba judgment1 these five appeals presented under section 42 of the prevention of money-laundering act, 2002 ( pmla , for short) against more or less similar orders of the appellate tribunal (constituted under section 25), such orders having been rendered on appeals of the respondents ( banks ) vis- -vis the orders of provisional attachment ..... 01.07.2005 and has been amended more than once, lastly by the finance act, 2018 and the prevention of corruption (amendment) act, 2018. ..... the said law continues to operate till date, the jurisdiction to enforce it having been conferred on the special judge appointed under the prevention of corruption act, 1988, inter alia, by section 5(6), as reinforced by a new provision (section 18a in chapter iva) on the subject of "attachment and forfeiture of property", added by the prevention of corruption (amendment) act, 2018. ..... the uapa was amended by act no.29 of 2004 simultaneous to the repeal of the prevention of terrorism act, 2002 ("pota", for short). ..... but, some confusion has come about, as is the subject matter of the discourse in the impugned decisions of the appellate tribunal, on account of certain amendments, inter alia, to rdba and sarfaesi act, by the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016 (act no.44 of 2016), which came into force from 01.09.2016. .....
Tag this Judgment!Court : Delhi
..... justice r.k.gauba judgment1 these five appeals presented under section 42 of the prevention of money-laundering act, 2002 ( pmla , for short) against more or less similar orders of the appellate tribunal (constituted under section 25), such orders having been rendered on appeals of the respondents ( banks ) vis- -vis the orders of provisional attachment ..... 01.07.2005 and has been amended more than once, lastly by the finance act, 2018 and the prevention of corruption (amendment) act, 2018. ..... the said law continues to operate till date, the jurisdiction to enforce it having been conferred on the special judge appointed under the prevention of corruption act, 1988, inter alia, by section 5(6), as reinforced by a new provision (section 18a in chapter iva) on the subject of "attachment and forfeiture of property", added by the prevention of corruption (amendment) act, 2018. ..... the uapa was amended by act no.29 of 2004 simultaneous to the repeal of the prevention of terrorism act, 2002 ("pota", for short). ..... but, some confusion has come about, as is the subject matter of the discourse in the impugned decisions of the appellate tribunal, on account of certain amendments, inter alia, to rdba and sarfaesi act, by the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016 (act no.44 of 2016), which came into force from 01.09.2016. .....
Tag this Judgment!Court : Delhi
..... justice r.k.gauba judgment1 these five appeals presented under section 42 of the prevention of money-laundering act, 2002 ( pmla , for short) against more or less similar orders of the appellate tribunal (constituted under section 25), such orders having been rendered on appeals of the respondents ( banks ) vis- -vis the orders of provisional attachment ..... 01.07.2005 and has been amended more than once, lastly by the finance act, 2018 and the prevention of corruption (amendment) act, 2018. ..... the said law continues to operate till date, the jurisdiction to enforce it having been conferred on the special judge appointed under the prevention of corruption act, 1988, inter alia, by section 5(6), as reinforced by a new provision (section 18a in chapter iva) on the subject of "attachment and forfeiture of property", added by the prevention of corruption (amendment) act, 2018. ..... the uapa was amended by act no.29 of 2004 simultaneous to the repeal of the prevention of terrorism act, 2002 ("pota", for short). ..... but, some confusion has come about, as is the subject matter of the discourse in the impugned decisions of the appellate tribunal, on account of certain amendments, inter alia, to rdba and sarfaesi act, by the enforcement of security interest and recovery of debts laws and miscellaneous provisions (amendment) act, 2016 (act no.44 of 2016), which came into force from 01.09.2016. .....
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