Judgment Search Results Home > Cases Phrase: prevention of money laundering amendment act 2005 section 4 omission of section 29 Page 1 of about 351 results (0.126 seconds)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... aadhaar number; this hon'ble court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus against the respondents directing them to forthwith forbear from implementing or acting pursuant to or in implementation of rule 9 of the prevention of money laundering rules, 2017 as amended by the prevention of money laundering (second amendment) rules, 2017; this hon'ble court may be pleased to issue an appropriate writ, order or direction in the nature of mandamus against the respondents directing them to forthwith clarify ..... . has been filed, where following prayers have been made: a) this hon'ble court may be pleased to issue an appropriate writ, order or direction declaring rule 9 of the prevention of money laundering rules, 2017 as amended by the prevention of money laundering (second amendment) rules, 2017 as ultra vires, unconstitutional, null and void and in particular violate articles 14, 19 and 21 of the constitution of india; b) this hon'ble court may be pleased to issue an appropriate writ, order ..... 2005, the central government in consultation with the reserve bank of india notified the prevention of money-laundering (maintenance of records) rules 2005 under section 73 of the parent ..... return to the house of representatives any proposed law which the senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. ..... , if it thinks fit, make any of such omissions or amendments, with or without modifications. .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... amending acts is as follows: a) the prevention of money-laundering (amendment) act, 2005 (20 of 2005 ..... provision, penal consequences are provided in respect of acts of commission and omission by any person who wilfully and maliciously gives false information and so causing an arrest or a search under this act; also against the person legally bound to state the truth of any matter relating to an offence under section 3, but refuses to answer such any question put to him by the authority under the 2002 act or refuses to sign any statement made by ..... omission, stood as under: provided that no search of any person shall be made unless, in relation to an offence under: (a) paragraph 1 of part a or paragraph 1 or paragraph 2 or paragraph 3 or paragraph 4 or paragraph 5 of part b of the schedule, a report has been forwarded to a magistrate under section 173 of the code of criminal procedure, 1973 (2 of 1974); or (b) paragraph 2 of part a of the schedule, a police report or a complaint has been filed for taking cognizance of an offence by the special court constituted under sub-section (1) of section ..... the proviso, before omission, stood as under: provided that no search shall be conducted unless, in relation to the scheduled offence, a report has been forwarded to a magistrate under section 157 of the code of criminal procedure, 1973 (2 of 1974) or a complaint has been filed by a person, authorised to investigate the offence mentioned in the schedule, before a magistrate or court for taking .....

Virbhadra Singh & Anr vs.enforcement Directorate & Anr

Court : Delhi

..... the submissions 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 was deleted. ..... 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 registered on ..... second above- mentioned case (the second petition or case has been working for gain as commission agent at parwanoo mandi in the state of himachal pradesh, it being alleged that certain acts of commission or omission committed by the petitioners of the first petition constituting certain offences, inter alia, punishable under the prevention of corruption act, 1988 (for short, poc act ), as also under pmla, with his tacit help and support had necessitated investigation into his role. ..... in the submission of the learned counsel for petitioners, the omission is indicative of the intention. .....

M/s. Mahanivesh Oils and Foods Pvt. Ltd. Vs. Directorate of Enforcemen ...

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 ..... 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 ..... 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 ..... section 5(1) of the act was further amended by prevention of money-laundering (amendment) act, ..... 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 ..... 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. .....

Sayed Mohammed Masood Vs. Nilkanth Shelke and Another

Court : Mumbai

..... it is by the prevention of money laundering (amendment) act 2012 (act 2 of 2013) that the schedule was amended, and the offence punishable under section 420 of the ipc was brought in part-a ..... one of the accused in pmla special case no.1 of 2013 pending before the special court constituted under the prevention of money laundering act, 2002 (for short, 'pmla act'), at mumbai. ..... the question as to whether a person who is alleged to have committed the offence of money laundering in respect of proceeds of crime generated by committing a scheduled offence mentioned in part-b of the schedule, would, by the subsequent amendment of the schedule, be treated as a person who has generated the proceeds of crime by committing a scheduled offence falling in part-a of the schedule, would be a rather complex question, needing thorough discussion in the context of the ..... details of various transactions which allegedly show the activities of the applicant amounting to money laundering as mentioned in section 3 of the pmla act, and claims that the applicant has committed an offence punishable under section 4 of the pmla act. ..... him is that he has committed the offence of money laundering as defined in section 3 of the pmla act, and punishable under section 4 thereof. ..... indeed, in that case, the learned judge observed that the offence punishable under the money laundering act is a continuing offence, but the proposition as spelt out by the learned public prosecutor, cannot be seen to have been laid down in .....

M/s. Obulapuram Mining Company Pvt. Ltd., Represented by its Director ...

Court : Karnataka

..... , further, draws our attention to the provisions of the prevention of money laundering (amendment) act, 2009, by which, the offences under sections 120b, 420, 411 and 471 of indian penal code and the provisions of the prevention of corruption act, 1988, were included as the scheduled offences. ..... it provides that the amended provisions of the pml act, as amended by the prevention of money laundering (amendment) act, 2009, would come into operation on the appointed date, that is, june 1, ..... seen from the records that all the offences allegedly committed by the writ petitioner were earlier to the insertion of the provision in the schedule of the prevention of money laundering (amendment) act, 2009, and as such, they have no application. 11. ..... the action of the authorities in lodging and enforcing of an enforcement case information report, being no ecir/83/bz/2010, dated september 22, 2010, and an order of attachment, both provisional and final, under the provisions of the prevention of money laundering act, 2002 [for short, the pml act]. 3. ..... section 2(p) of the pml act defines that 'money laundering' has the meaning assigned to it in section ..... the allegations is that this writ petitioner acquired 17.59 lakh mt of iron ore by extracting the same from outside the leased area and, thus, committed the offences under sections 120b, 420 and 411 of the indian penal code and sections 13(2) read with sections 13(1)(d) and 13(1)(e) of the prevention of corruption act, 1988 [for short, the pc act]. .....

N. Kannadasan Vs. Ajoy Khose and ors.

Court : Supreme Court of India

Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104

..... union of india : 2008(231)elt210(sc) , this court intervened stating legislative amendments are carried out to protect judicial independence in a case involving the prevention of money laundering act, 2002.93. ..... another letter dated 7-1-2004, the chief minister of haryana drew the attention of the chief justice of the punjab and haryana high court to the newly introduced section 16(1a), vide (amendment) act 62 of 2002, and stated that since the post of the president of the state commission was vacant at the moment, an hon'ble sitting judge of the punjab and haryana high court was required to be nominated to act as chairman of the selection committee to be constituted under section 16(1a). ..... and appoints such a person to any judicial office, would it not amount to interfering with the independence of the judiciary contrary to article 50 of the constitution of india ?iv) whether the expression 'is or has been a judge of the high court' in section 16 would include even a judge, who had demitted office on account of impeachment or unsuitability to hold a judicial office ?v) whether an additional judge can be considered as a retired judge to be eligible for appointment to judicial offices in various tribunals and commissions ..... kannadasan, former judge, who has completed 2 years of service as additional judge, high court of madras ceased to hold the office on and from 06.11.2005. ..... he was not appointed as a permanent judge as a result whereof demitted his office on 5th november, 2005. .....

K. Sowbaghya Vs. Union of India, Ministry of Finance, North Block Depa ...

Court : Karnataka

..... : this writ petition is filed under articles 226 and 227 of the constitution 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. ..... 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 under the amended 2013 provisions of the pml act which are offending article 14, 20, 21 and article 300 of the ..... of 2003) as amended by the prevention of money laundering (amendment ) act, 2005 (central act no. .....

Nikesh Tarachand Shah Vs. Union of India

Court : Supreme Court of India

..... when the prevention of money laundering bill, 1999 was tabled before parliament, section 44, which corresponds to section 45 of the present act, provided that several offences punishable under this act are to be cognizable, and the twin conditions for release on bail would apply only insofar as the offences under the act itself are concerned. ..... regard being had to the above, we declare section 45(1) of the prevention of money laundering act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates articles 14 and 21 of the constitution of india. ..... the present writ petitions and appeals raise the question of the constitutional validity of section 45 of the prevention of money laundering act, 2002. ..... it is important to first set out the genesis of section 45 as it appeared in the prevention of money laundering bill, 1999. ..... the amendment made in 2005 in section 45(1) was innocuous and is not an amendment with which we are directly concerned. ..... the court may in a situation of this nature keep in mind the broad principles of law that some acts of omission and commission on the part of a public servant may attract disciplinary proceedings but may not attract a penal provision. ..... every little omission or commission, negligence or dereliction may not lead to a possibility of his having culpability in the matter which is not the sine qua non for attracting the provisions of mcoca. .....

Balaram Rout. Vs. State of Orissa Rep.Principal and ors.

Court : Orissa

..... . in this view of the matter, by amendment act, 2009, bringing the offences under section 13 of the prevention of corruption act in part b of the schedule of the prevention of money laundering act cannot prevail over the prevention of corruption act for the reason that money laundering act is enacted by the parliament from entry 93 read with entry ..... of the case, as stated supra, not taking president's assent is an omission which is fatal to the act and it cannot be remedied by the court by any recognized cannons of ..... that in the absence of anything mentioned in the statement of objects and reasons, headings, marginal notes or preamble portion of the act giving any indication as to what is meant by the state legislature, when it used the expression "persons who held high public and political office" in section 5 of the special courts act, the omission cannot be supplied through any purposive interpretation given by the court. ..... omission negativing the right of appeal or revision to the accused is a significant departure from section 27 of the p.c.act ..... the omission of the same in the provisions of the act for taking cognizance before conducting a de novo trial in the special courts act in respect of the transferred cases from the special judge court is once again the act is visited by vagueness and liable to ..... that provision cannot be called in aid to sustain the glaring omission of an appeal or provision of an appeal from an order of acquittal as it clearly provides for .....