...submitted that Section 44 of PMLA only confers jurisdiction on the Special Court to deal with offences under PMLA. Section 45 of PMLA makes the offence of money-laundering cognizable and non-bailable and..., 2002 (hereinafter referred to as “PMLA”).2. The appellant is the Chairman of Rose Valley Real Estate Construction Ltd. (hereinafter referred to as “Rose Valley”), a public...before the Securities Appellate Tribunal by way of Appeal No. 233 of 2014. On 19-6-2014, a show-cause notice under Section 8(1) of PMLA was served upon Rose Valley and its officials. Rose Valley...

..., money-laundering. To enable the scheme of the Act, reliance was placed on various provisions of the PMLA. He further submitted that Section 44 of the PMLA only confers jurisdiction on the...Section 45 of the Prevention of Money Laundering Act, 2002 (in short ‘the PMLA’). While granting bail, the High Court has failed to comply with the requirement of condition (ii) of Section 45 of...the PMLA. This Court in Gautam Kundu v. Directorate of Enforcement (Prevention of Money Laundering Act), Government of India through Manoj Kumar...

...the trial of scheduled offences or disposal of trial under the PMLA can be substantially attributed to the accused, the Constitutional Courts can always decline to exercise jurisdiction to issue... 2024 INSC 739 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION... 2002 (for short, 'the PMLA'), which is punishable under Section 4 of the PMLA. 3. Between 2011 and 2016, the appellant was holding the post of Transport...

...is, therefore, not the case that all the members of the AA should be judicial members. 80. It is seen that under Section 5 PMLA, the jurisdiction of the AA "may be...the ousting the jurisdiction of the High Court and vesting the powers of the High Court in a Tribunal is constitutionally valid. That is not what is sought to be done under Section 8 PMLA. It is only... Prevention of Money-laundering Act, 2002 (PMLA) is ultra vires Article 14 of the Constitution of India. 2. All...

...threshold to acquire jurisdiction under PMLA cannot be considered at this stage while this Court is considering only the prayer for anticipatory bail.44. In terms of Section 4...under Sections 3 and 4 of the Prevention of Money-Laundering Act, 2002 (PMLA). Ever since the registration of the cases in 2017, there were various proceedings seeking bail and number of...urged that having regard to the materials collected by the respondent-Enforcement Directorate and the specific inputs and in view of the provisions of the special enactment-PMLA, custodial...

...under the PMLA, such court will have no jurisdiction to try the case so committed. 11. He also contended that Section 4 of the PC Act overrides Section 44 of the PMLA and that...Special Courts established under PMLA have no jurisdiction to try any case charging the accused of committing an offence punishable under the PC Act. Next, he submitted that Section 44(1)(c) of the.... As is apparent from the above, the principal question that falls for consideration before this Court is whether the Special Courts constituted under Section 43 of the PMLA have jurisdiction to try an...

...facts, it is rightly contended that the impugned PMLA prosecution arising out of the aforesaid scheduled offences cannot be said to be without jurisdiction and is not liable to be quashed.... 11. In the present case, part of the offence u/s 4 of the PMLA had occurred by way of concealment of 'proceeds of crime' attached at Delhi. This gives simultaneous jurisdiction to the PMLA Court at..., to give effect to the statutory mandate u/s 44(1) of the Act which provides both the offence under PMLA and the scheduled offence are to be tried by a Special Court having jurisdiction to try the...

...on five occasions he had not appeared and a further plea has been raised that non-bailable warrants have been issued by the Court of competent jurisdiction against the petitioner No. 1 under PMLA and...Prevention of Money Laundering Act (in short PMLA) whereas in W.P. No.5625/2015 additionally writ of Habeas Corpus has been prayed. 3/ In brief the case of petitioner in W.P. Nos.4336/15...to quash the case registered and proceedings initiated against them under the PMLA and alternatively to restrain the respondents from subjecting the petitioner to coercive and custodial interrogation...

...categorically held that it lacks jurisdiction to interfere with a Provisional Attachment Order confirmed under the PMLA. The Tribunal affirmed the law laid down by the Hon'ble Supreme Court in Kalyani Transco...Appellant challenged the Provisional Attachment Order dated 30.12.2021. The NCLT, Kolkata Bench dismissed the application holding it lacked jurisdiction over matters falling under PMLA and NCLAT upheld the...: "National Company Law Tribunal and the National Company Law Appellate Tribunal have no jurisdiction to review, modify or interfere with any action taken by the Directorate of...

...that in view of the specific mandate of clauses (a) and (c) of subsection (1) of Section 44, it is the Special Court constituted under the PMLA that would have jurisdiction to try even the scheduled..., the question of territorial jurisdiction of a Special Court to take cognizance of a compliant under PMLA should be decided with reference to the place/places where anyone of the activities/processes...to his arrest by the UP ATS.”11. Therefore, the Special Court, PMLA, Lucknow cannot be said to be lacking in territorial jurisdiction to entertain the complaint. In...

...whereby the Court of Session, Lucknow and Court of Session, Allahabad were conferred with territorial jurisdiction to try the cases pertaining to PMLA with regard to the districts shown against their...considering the question of territorial jurisdiction of cases pertaining to PMLA cases opined as under :- "16. From the rival contentions, it appears that two...territorial jurisdiction, by providing that an offence punishable Under Section 4 of the PMLA and any scheduled offence connected to the same shall be triable by the Special Court constituted...

...JURISDICTION CRIMINAL APPEAL NO.799 OF 2025 (Arising out of S.L.P.(Criminal) No.18369 of 2024) UDHAW SINGH ... APPELLANT(S...been arrested for the offence under Section 3 of the Prevention of Money Laundering Act, 2002 (for short "the PMLA") 1...will apply. Paragraphs 27 and 29 of the said decision read thus: "27. Under the Statutes like PMLA, the minimum sentence is three years, and the maximum is seven...

...PMLA, safeguards are limited to Sections 16 to 19 and 50. The onerous bail conditions under Section 45 are in the nature of jurisdiction of suspicion that is preventive detention under Article 22(3) to.... Provisions such as Sections 21, 22, 23 and 45 of the PMLA reverse the burden and curtail the jurisdiction of the trial Court arbitrarily in violation of the findings of this Court...offences under the PMLA, being violative of the constitutional mandate.2. It is relevant to mention at the outset that after the decision of this Court in Nikesh Tarachand...

...reason to interfere with the initiation of the proceedings under the Prevention of Money-Laundering Act, 2002 (“the PMLA” for short) had, however, limited the scope of consideration in this appeal...appellant under the PMLA. The analogous matter, which was considered by the High Court along with the writ petition which is the subject-matter herein related to the action initiated by the Central...the money trail relating to the predicate offence and prevent layering of the same has initiated the proceedings under the PMLA. In the said process the Deputy Director, Directorate of Enforcement...

...later. PMLA"s SANCTION OF CONFISCATION 57. The power and jurisdiction to provisionally attach a property involved in money-laundering is conferred by the law, by virtue...that the jurisdiction conferred on the State by PMLA to confiscate the "proceeds of crime" concerns a property the value whereof is "debt...to bring a challenge to the orders of attachment (as confirmed) but, the law in PMLA, at the same time, also confers jurisdiction on the special court to entertain such claim for purposes of...

... AA should be judicial members. 80. It is seen that under Section 5 PMLA, the jurisdiction of the AA "may be exercised by the..., 2002 (hereinafter referred to as ' PMLA') disposing of an application filed by the Appellant herein wherein the Appellant had prayed for deferment of the proceedings before Adjudicating... constituted in terms of Section 2 (a) read with Section 6 (1) and (2) of the PMLA, 2002. 2. The facts as...

...point before the Hon'ble Chairman of the Adjudicating Authority (PMLA) for such authority to rule on the point of jurisdiction first.The view I take finds support from the decision...Prevention of Money Laundering Act, 2002 (hereafter the PMLA Act). By the impugned notice, the petitioners were informed that an application under Section 17...(4) of the PMLA Act had been filed by the Assistant Director, Directorate of Enforcement and they were called upon to appear before the Hon'ble Chairman, Adjudicating Authority (PMLA) on...

...offences which include the offences mentioned in the Schedule to the PMLA, it is the court of competent jurisdiction, which would decide whether the Charge is required to be framed against the accused for...PMLA. 14.12.2022 The ED sought judicial custody of the appellant for fourteen days, however, the Special Court granted the judicial custody initially for five days, which subsequently came to...be extended from time to time at the instance of the ED till 27.01.2023. 13.01.2023 The appellant filed an application under Section 437 of Cr. P.C. read with Sections 45 & 65 of the PMLA...

..., lack of jurisdiction of respondent No. 2 upon PMLA for effecting arrest under section 19 due to lack of proper appointment under section 49 and authorization by the Central Government and illegal...Laundering Act, 2002 (“PMLA” for short), seeking direction to release in PMLA Case No. 4/2014 filed in ECIR/01.SRT/2014 dated 17.4.2014 pending before Principal District & Sessions Judge, Ahmedabad (Rural...), Designated Special Court under PMLA Act at Ahmedabad.2. This Court vide its order dated 14.7.2015 issued notice of Rule with a direction that reply if any by way of affidavit be filed...

.... The jurisdiction of Special Court under PMLA does not depend upon orders passed in respect of scheduled offence and trial of both offences by same Court is not construed as joint trial although...1. By this common order, three PMLA Appeals No. 1-3 of 2019, involving common questions and filed against common impugned order dated 09.08.2019 (Annexure A-7) are disposed...of. 2. All the three Appellants under Section 42 of Prevention of Money Laundering Act, 2002 (for short ‘PMLA’) are seeking quashing of Order dated 09.08.2019 (Annexure A...