News & Views

Burden of Proof under Section 24 of PMLA

PMLA is a special Act which provides for reverse burden of proof. A person who is in possession of proceeds of crime involved in money laundering has to prove that the property has been acquired out of licit means. In the case of Sarosh Munir Khan Vs.The Deputy Director, [534/MUM/2013], it was held as under: An order confirming the provisional attachment can be passed only on the adjudicating authority being satisfied, on considering the material on record including material or evidence fu
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Section 120-B of IPC and PMLA

The essential ingredients of the offences under Section 120-B IPC are as follows: -
a)      The accused conspired with some person or persons;
b)      In doing so, the accused either did or caused to be done;
a.      an illeg
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Documents obtained through RTI and its effect on PMLA

Any document, which is based on Government records supplied by the Government agencies under the R.T.I. Act, the said document is beyond suspicion or doubt and is of unimpeachable character and in view of the law laid down by the Hon’ble Supreme Court rendered in the case of Suryalakshmi Cotton Mils Limited v. Read More

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