Securing bail under the Prevention of Money Laundering Act, 2002 (“PMLA”), is challenging due to the high threshold for bail stipulated by the Act. Section 45 of the PMLA stipulates that bail may be granted to an accused in a
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Shifting Paradigms in PMLA Jurisprudence: Madras High Court reopens settled principles of Automatic Quashing of PMLA Proceedings
The Prevention of Money Laundering Act, 2002 (“PMLA”), is a comprehensive law, dealing with aspects of money-laundering, attachment of proceeds of crime, adjudication, and confiscation thereof. The “proceeds of crime” is the fulcrum of the offence of money-laundering under the…
Timeline to follow under Section 9(2) of the Arbitration and Conciliation Act 1996
Introduction
Section 9 of the Arbitration and Conciliation Act 1996 (“Arbitration Act”)[1] deals with the powers of courts to grant interim reliefs, before or during arbitral proceedings or at any time after the making of the arbitral award but…
Decoding Supreme Court’s Landmark Decision on ‘Seat’ vs. ‘Venue’ in Arbitration
From Harbour to Hardships? Understanding the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Part IV
Introduction
This is in continuation to the series on the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“2021 Rules”). This article examines the Rule[1] that proposed the creation of a fact-checking unit (“FCU”) and the…
Revisiting Unilateral Arbitrator Appointments: The Supreme Court’s New Stance on Fairness and Equality
Introduction
Party autonomy is undoubtedly a cornerstone of arbitration proceedings, allowing parties substantial freedom to shape the contours of their dispute resolution process. This freedom extends to choosing arbitrators and defining procedural rules, reflecting a central appeal of arbitration over…
Ripple Effect of Sanctions: How US Measures against Russia affect Indian Businesses
Background
The ongoing tensions surrounding the Russia-Ukraine conflict have led to significant geopolitical shifts, particularly in the realm of international sanctions. In response to Russia’s military invasion of Ukraine, the United States (U.S.) had implemented a series of sanctions to…
Tax reassessment proceedings: Supreme Court puts TOLA controversy to rest
The Supreme Court (“SC”) recently addressed the validity of reassessment notices in Rajeev Bansal[1], issued under Section 148 of the Income Tax Act, 1961 (“IT Act”), from April 1, 2021, to June 30, 2021, even though the reassessment…
GIFT-IFSC and LRS- Insurance Products for Resident Indians?
Background
In recent years, the Indian government has made significant strides toward enhancing the operational framework of the International Financial Services Centre at Gujarat International Finance Tec-City (“GIFT-IFSC”). GIFT-IFSC was established with an aim to redirect all financial transactions conducted…
Is mere possession of proceeds of crime sufficient for trigerring PMLA?
Introduction:
A recent decision rendered by the Madras High Court in S. Srinivasan v. The Assistant Director, Directorate of Enforcement, Chennai[1], has held that being in possession of the proceeds of crime and claiming it to be untainted…