WebAug 2, 2024 · First, in upholding the reverse burden of proof condition for grant of bail, the Court overruled its own order of November 2024 that had declared the bail criteria unconstitutional. In Nikesh Tarachand Shah vs Union of India (2024), the Court had declared the ‘twin test’ of bail under PMLA as unconstitutional since it was manifestly arbitrary. WebJul 1, 2024 · On 19.04.2024, the legislature amended section 45 PMLA via Finance Act 2024, whereby the phrase “punishable for a term of imprisonment of more than three years under Part A of the Schedule” was replaced with “under this Act”. This Amendment failed to mention anything about the applicability of the ‘twin conditions’ for bail causing ...
Prevention of Money Laundering Act in India: The ECIR and …
WebJul 23, 2024 · The draconian provision – Section 45 (1) of the Prevention of Money Laundering Act, 2002 ( PMLA ), insofar as it imposed two conditions for release of an … WebJan 8, 2024 · The Division Bench of the Supreme Court of India (SC), comprising Justice R F Nariman and Justice S K Kaul, has declared Section 45(1) of the Prevention of Money Laundering Act, 2002 (the Act) as unconstitutional insofar as it imposes two additional requisites for granting bail in addition to the conditions provided for in the Code of … traded unit code
WebJul 31, 2024 · The judgment, authored by Justice A.M. Khanwilkar on July 27, had upheld the PMLA’s controversial “twin conditions” for bail. That is, the trial court needs to give bail only if the accused ... WebJan 31, 2024 · In a recent case, a two-judge bench of the Bombay High Court noted that the twin conditions for bail in section 45(1) of the Prevention of Money Laundering Act, 2002 … WebJul 27, 2024 · Twin conditions of PMLA Section 45 are reasonable to combat the menace of money-laundering: SC. New Delhi [India], July 27 (ANI): The Supreme Court on Wednesday observed that the provisions in the form of Section 45 of the 2002 Prevention of Money Laundering Act, as applicable post amendment of 2024, are reasonable and have direct … the rug repair company