1. Summary Box Case Title: Kalyani Transco v/s M/s Bhushan Power and Steel Ltd. & Ors. Case Number: Civil Appeal No. 1808 of 2020 Decision Date: May 2nd, 2025 Court: Supreme Court of India Bench: 2- Judge, Division Bench Final Verdict: Upheld the principle that the use of the…

1. Introduction With the increasing involvement of the Enforcement Directorate (ED) in high-profile financial investigations, particularly under the Prevention of Money Laundering Act, 2002 (PMLA), many individuals find themselves receiving summons for questioning. A pressing legal question arises in such situations: Can a person legally choose to remain silent when summoned by the ED? This blog unpacks the…

1. Introduction To enforce the provisions of the Prevention of Money Laundering Act, 2002 (hereinafter referred to as “the Act”), the Central Government of India may, if it deems fit, enter into a reciprocal agreement with any foreign country—subject to the approval of the latter and mutual acceptance. The foreign country with which such an…

1. Introduction Bail is the rule and jail the exception. This principle has been the main guiding factor for deciding bail applications across the country (India) for most offences but whether this principle stands true to the persons accused of offences under the Prevention of Money Laundering Act, 2002 (herinafter referred to as the Act).…

1. Introduction Is entering into someone's house or breaking open someone’s property allowed by law? Can someone search your premises without a warrant and only on reasonable suspicion. If yes, whether such power is illegal or legally justified. To investigate a crime, it is ofcourse necessary to conduct searches and seize incriminating material but who…

1. Introduction To curb money laundering various steps have been taken at an international level as money laundering on most occasions involves a complex chain of transactions which a number of times crosses the territorial boundaries of a country. To crack such complex chains, the support and coordination of different nations is essential. The Financial…

1. Introduction Adjudication is the process through which the Adjudicating Authority adjudicates upon a complaint received by them through the Director or any other agent authorised by him/ her in that behalf. The complaint is filed regarding any property that is alleged to be involved in an offence of money laundering. Such property that is…

1. Introduction Whenever a person deriving his/ her power by The Prevention of Money Laundering Act, 2002 hereinafter referred to as the Act, who in the instant discussion of attachment of property would be the Director or an officer authorised by the Director not below the rank of Deputy Director, believes that a certain property…

1. Introduction In simple terms reverse money laundering is the process of supporting illegal activities through legally acquired funds. Criminal organisations start legitimate businesses to generate clean and legal funds which can be used to support illegal activities and businesses. These legally acquired funds are mostly used to finance illegal activities like terrorism, bribery and…

1. Introduction As discussed in the previous blog, money laundering is the process of disguising the money obtained from proceeds of crime and making it look like legitimate funds acquired from clean and legal sources, so that the money can be used without raising any suspicion regarding its origin. In this blog we will be…

1. Origin of Crime Evil inclination termed as concupiscence is the base and origin of crime however the exact definition of crime is a philosophical issue without an agreed upon answer. Early ideas about crime were either linked to religion or property. Immoral acts, moralities and sacrilege were considered sins (equivalent to crime) and were…