logo
HC: Court can't take cognisance of PMLA case without hearing accused

HC: Court can't take cognisance of PMLA case without hearing accused

Time of India4 days ago
Calcutta HC
KOLKATA: A court cannot take cognisance of a case under Prevention of Money Laundering Act without hearing the accused, as required under the BNSS, Calcutta HC on Friday held, quashing proceedings under PMLA against three accused.
Tutu Ghosh, Bipin Kumar Kedia, and Anil Kumar Jain were accused of offences under sections 3 and 4 (money laundering), read with section 70 of PMLA (offences by companies and their officials).
They approached the HC, contending the PMLA judge took cognisance of the offences in violation of the first proviso to BNSS section 223, as no opportunity of hearing was given to any of them before such cognisance was taken.
Senior counsel appearing for the accused argued that BNSS has introduced a provision requiring an opportunity of hearing for the accused prior to the taking of cognisance, and that denial of such an opportunity amounts to a violation of fundamental rights.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Delhi court reserves verdict on issuing notice to Robert Vadra in land deal case
Delhi court reserves verdict on issuing notice to Robert Vadra in land deal case

Hans India

time17 minutes ago

  • Hans India

Delhi court reserves verdict on issuing notice to Robert Vadra in land deal case

New Delhi: A Delhi court on Thursday reserved its decision on issuing a notice to businessman Robert Vadra, son-in-law of former Congress President Sonia Gandhi, in connection with a money laundering case linked to a land deal in Haryana's Shikohpur. The Rouse Avenue Court will likely pronounce its verdict on July 31 regarding the issuance of a notice to Vadra, the husband of Congress MP Priyanka Gandhi Vadra. The Enforcement Directorate (ED) had filed a prosecution complaint under the Prevention of Money Laundering Act (PMLA), claiming that Vadra's Skylight Hospitality 'fraudulently' purchased 3.53 acres of land situated in the village of Shikohpur in Haryana's Gurugram district through 'false declaration'. During the hearing, advocate Zoheb Hossain, appearing for the ED, stated that the sale deed falsely declared a payment of Rs 7.5 crore, whereas in reality, no such payment was made. This amount was paid at a later stage to evade stamp duty, a fact that has been confirmed by key witnesses, added Hossain. Further, the federal anti-money laundering agency claimed that Vadra, 'through his personal influence', obtained a commercial license on the land purchased. As per the ED, the land was later sold to DLF at a higher price, and this aspect of the case is still under investigation. In April this year, Vadra was questioned in multiple rounds by the ED, during which his statement was also recorded. The land purchase deal in question was executed in February 2008 when Congress was at the helm in Haryana, and Bhupinder Singh Hooda was the Chief Minister. The mutation process, which usually takes months, was done the next day. Months later, Vadra received a permit to develop a housing society on the land, and the value of the plot increased. He sold it to DLF in June at Rs 58 crore. Suspecting the proceeds to be part of a money laundering scheme, the ED has been probing the trail behind the windfall gains. In October 2012, IAS officer Ashok Khemka (now retired), who was then posted as the Director General of Land Consolidation and Land Records-cum-Inspector-General of Registration of Haryana, cancelled the land purchase deal, citing procedural irregularities. Later in 2013, an in-house government panel gave a clean chit to both Vadra as well as DLF. When the BJP-led government came to power, an FIR was registered by the Haryana Police against former Chief Minister Hooda, Vadra, and others.

Registrar can't alter birth certificates relating to disputed paternity, rules Kerala high court
Registrar can't alter birth certificates relating to disputed paternity, rules Kerala high court

Time of India

time42 minutes ago

  • Time of India

Registrar can't alter birth certificates relating to disputed paternity, rules Kerala high court

Kochi: High court has held that the registrar of births and deaths in local bodies cannot make corrections in birth certificates relating to disputed paternity, as such matters require a full-fledged trial, adjudication and judicial imprimatur. The bench of Justice C S Dias further clarified that the circular issued by local self-govt department on Dec 16, 2015, mandates that if the father's name is to be changed in the birth records, a DNA test report, an agreement attested before a notary public and an order from a competent court must be produced. HC was considering a petition by a divorced man challenging the correction made in his son's birth certificate, by which his name had been replaced with that of his ex-wife's present partner. The petitioner alleged that the registrar of Payyannur municipality had made the change without issuing notice to him or affording him an opportunity of being heard. According to the petition, the petitioner had married the woman in May 2010, and she gave birth to a child in March 2011. Post-delivery, she went to her paternal home with the child for recuperation. Later, in April 2011, she went missing along with the child. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Up to 70% off | Libas Purple Days Sale Libas Undo On a habeas corpus petition filed by the petitioner, the woman appeared and stated that she desired to live with her lover. In Dec 2011, their marriage was dissolved by mutual consent. Thereafter, the woman and her partner filed a joint application before the municipality registrar to change the father's name in her son's birth certificate, producing certain documentary evidence. Based on this, the registrar altered the entry, prompting the petitioner to move HC. Upon examining the matter, HC noted that, as per Section 112 of the Indian Evidence Act, 1872, a child born during the subsistence of a valid marriage, or within 280 days after its dissolution, is presumed to be the legitimate offspring of the husband, unless it is proved that the spouses had no access to each other during the relevant period. In the present case, it was an admitted fact that the child was born during the subsistence of the marriage, and there was no admission by the parties or declaration by a competent court that the petitioner was not, conclusively, the legitimate father of the child. HC further held that under the Act and the Rules governing corrections to the register of births and deaths, the registrar is empowered to correct or cancel an entry only in cases of clerical or formal errors, or where the entry has been fraudulently or improperly made. Such corrections are to be made by a marginal note, without altering the original entry. Disputed questions of paternity fall outside the scope of the registrar's powers. Quashing the altered birth certificate, HC directed the registrar to reconsider the matter after hearing all parties.

Madras HC quashes money laundering case against KN Nehru's brother Ravichandran
Madras HC quashes money laundering case against KN Nehru's brother Ravichandran

New Indian Express

time43 minutes ago

  • New Indian Express

Madras HC quashes money laundering case against KN Nehru's brother Ravichandran

CHENNAI: The Madras High Court has quashed the money laundering case registered by the Enforcement Directorate (ED) under the Prevention of Money Laundering Act (PMLA) against N Ravichandran, brother of Tamil Nadu Minister for Municipal Administration and Water Supply, KN Nehru. A division bench comprising Justices MS Ramesh and V Lakshminarayanan passed the orders on Thursday by allowing the petition filed by Ravichandran, True Value Homes (India) Private Limited, TVH Energy Resource Private Limited and others, seeking to quash the Enforcement Case Information Report (ECIR) registered by the ED on 27 September, 2024, based on a Central Bureau of Investigation (CBI) case over alleged diversion of loan funds. Considering the fact that the predicate offence case was quashed by a single judge of the court on the grounds that no crime was committed in the alleged diversion of funds and that no public officials were involved, the division bench ordered the quashing of the ECIR. The ED had conducted raids at several premises, including those belonging to Nehru, his son and Lok Sabha Member KN Arun Nehru, and his brother Ravichandran from 7 to 9 April, 2025, which caused ripples in political circles. The raids were based on the CBI case registered in 2021.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store