Appellate Court Can Allow Additional Evidence To Ensure Fair Adjudication Even If Not Produced In Trial: Madhya Pradesh High Court Police Can Freeze Bank Accounts Under Section 106 BNSS Upon Suspicion Of 'Proceeds Of Crime': Punjab & Haryana High Court 'No Penalty For Monthly MGQ Shortfall If Annual Target Met': Supreme Court Upholds Quashing Of Excise Department Demands For Liquor Licensees 'Murder Went Unavenged, But Courts Cannot Convict On Mere Assumptions': Supreme Court Acquits Accused In 1988 Murder Case, Quashes High Court's Remit Order 'NCSC Cannot Pass Mandatory Adjudicatory Orders Directing Payment Of Arrears': Supreme Court Clarifies Commission's Powers Under Article 338 "'Cannot Present Fait Accompli': Supreme Court Upholds Denial Of NOC To Airman For Skipping Prior Permission To Apply For Civil Post" Supreme Court Upholds 2017 Notification For Ex Post Facto Environmental Clearances, Quashes 2021 Office Memorandum As Impermissible Executive Overreach Workman Fails To Prove 240 Days Continuous Work; Punjab & Haryana High Court Upholds Denial Of Reinstatement For "Abandonment Of Service" Party Cannot Take Contradictory Stands In Same Case, Admissions In Pleadings Bind Them Under Order XII Rule 6 CPC: Telangana High Court Delayed Recovery Of Weapon From Open Space Casts Serious Doubt On Prosecution Story: Madhya Pradesh High Court Acquits Murder Convicts Procedural Irregularities By Public Servants Serve As Circumstantial Evidence Of Conspiracy In Corruption Cases: Kerala High Court Blaming Previous Counsel For Omission Does Not Satisfy 'Due Diligence' Test To Amend Plaint After Trial Commences: Punjab & Haryana High Court Muslim Man's Second Marriage Under Special Marriage Act Void Despite Personal Law Permitting Bigamy: Karnataka High Court Suppression Of Material Facts Regarding Criminal Antecedents Disentitles Accused To Discretionary Relief Of Bail: Orissa High Court Section 311 CrPC | Delay Or Absence Of Examination-In-Chief No Bar To Summon Material Witnesses: Allahabad High Court Revenue Authorities Lack Jurisdiction To Declare Genuineness Of Wills Or Validity Of Settlement Deeds; Parties Must Approach Civil Court: Andhra Pradesh High Court Demand Of Bribe Is Sine Qua Non For Conviction Under PC Act, Mere Recovery Of Tainted Money Not Enough: Bombay High Court Title And Ownership Irrelevant In Suit Under Section 6 Specific Relief Act; Plaint Liable To Be Rejected If Filed Beyond Six Months: Delhi High Court Receipt Of Pension By Widow Can Be Considered To Determine 'Just Compensation' But Not To Deprive Claimants Of Award: Calcutta High Court FSL Report Lacking Scientific Criteria And Data Is Inadmissible In Evidence: Allahabad High Court Issues Directives For Testing Viscera Standard Of Proof In Railway Accident Claims Is Preponderance Of Probabilities, Not Beyond Reasonable Doubt: Gujarat High Court No Second Statutory Appeal Lies Against Conviction By Appellate Court Reversing Acquittal; Revision Is Sole Remedy: Supreme Court Wives' Property Is Their Own, Not Husband's: Supreme Court REJECTS High Court's Succession Formula; Restores Clarity For Christian Inheritance

Delhi High Court Emphasizes Necessity of Predicate Offence for PMLA Charges

07 May 2024 8:19 AM

By: Admin


Delhi High Court has laid down a pivotal legal principle concerning the Prevention of Money Laundering Act (PMLA). The court’s decision, centered around FIR No. 55/2023, underscored the critical role of a predicate offence in legitimizing PMLA charges.

The court’s observation, “The enforceability of PMLA offences hinges crucially on the existence of a predicate offence,” marks a significant moment in the interpretation and enforcement of money laundering regulations in India. This statement, forming the crux of the court’s verdict, provides much-needed clarity to a complex area of financial law.

Addressing the specific case, the court noted that while FIR No. 55/2023 remains a valid ‘scheduled offence’ under the PMLA, the investigations tied to the earlier FIRs Nos. 16/2018 and 49/2021, which had been compounded or quashed, were not sustainable under the PMLA framework. This distinction emphasizes the court’s stance that the legitimacy of PMLA charges is contingent upon the presence of a valid predicate offence.

As a result of this ruling, proceedings under PMLA related to the aforementioned FIRs against the petitioner were quashed, illustrating the court’s adherence to the foundational principles of PMLA.

Date : 24th November, 2023

RAJINDER SINGH CHADHA VS UNION OF INDIA MINISTRY OF HOME AFFAIRS

Latest Legal News