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Documents citing M/S Prakash Industries Ltd. & Anr. vs Directorate Of Enforecement on 19 July, 2022

Directorate Of Enforcement vs M/S Prakash Industries Ltd on 3 November, 2025

In the present case, the order of the Appellate Tribunal was already under challenge before this Court by PIL, in the year 2019, by W.P.(C) 9063/2019 titled as M/s Prakash Industries Ltd v Directorate of Enforcement. This Court vide its Order dated 21.09.2022, observed that the parties were ad idem that the nature of the order being challenged, forms an appeal under Section 42 of the PMLA, therefore the nomenclature after being changed can be placed for adjudication LPA 102/2023 and connected matter Page 24 of 47 Signature Not Verified Signed By:SAVITA PASRICHA Signing Date:03.11.2025 15:08:30 before a separate Bench designated to deal the matter in nature of appeal under the said provision, the relevant part of the said order is reproduced hereunder:
Delhi High Court Cites 38 - Cited by 0 - Full Document

Rajiv Channa vs Union Of India on 8 April, 2024

40. A sequitur of the abovementioned judicial pronouncements would make it sufficiently clear that since the appellant-Jeevan Kumar has already been acquitted of the scheduled offence, there can be no action for money-laundering against the other appellants in relation to the property linked to the stated scheduled offence. An inference can plausibly be drawn from the legal maxim sublato fundamento cadit opus which means that upon removal of the foundation, the work collapses. Thus, the plain and literal interpretation of Section 2(1)(u) read with Section 3 of PMLA, 2002 which has been enunciated in Vijay Madanlal Choudhary (supra) and reiterated by the Hon‟ble Supreme Court in Pavana Dibbur (supra) and by this Court in Prakash Industries (supra), suggests that if the elementary foundation i.e., the scheduled offence is itself removed, consequential proceedings emanating therefrom shall also fall.
Delhi High Court Cites 30 - Cited by 0 - P K Kaurav - Full Document

Directorate Of Enforcement vs Akhilesh Singh on 30 April, 2024

In Prakash Industries Ltd. v. Directorate of Enforcement, 2022 SCC OnLine Del 2087, a Coordinate bench of this Court dealing with an identical question held that charge of money laundering will not survive after the charges in respect of the predicate offence are quashed or the accused is discharged. It was further observed that when it has been found that the accused had not indulged in any criminal activity, the property cannot be treated as proceeds of crime. The relevant part of the decision reads thus:
Delhi High Court Cites 28 - Cited by 0 - Full Document

Naresh Bansal And Ors vs Adjudicating Authority And Anr on 24 November, 2025

In the present case, the order of the Appellate Tribunal was already under challenge before this Court by PIL, in the year 2019, by W.P.(C) 9063/2019 titled as M/s Prakash Industries Ltd v Directorate of Enforcement. This Court vide its Order dated 21.09.2022, observed that the parties were ad idem that the nature of the order being challenged, forms an appeal under Section 42 of the PMLA, therefore the nomenclature after being changed can be placed for adjudication before a separate Bench designated to deal the matter in nature of Signature Not Verified Signed By:JAI NARAYAN W.P.(C) 11361/2015 and connected matters Signing Date:24.11.2025 Page 17 of 36 18:10:05 appeal under the said provision, the relevant part of the said order is reproduced hereunder:
Delhi High Court Cites 53 - Cited by 0 - Full Document

And Others vs Union Of India And Others on 26 September, 2022

43. The first of the two decisions, that is, the Axis Bank case, has also been relied on in the second, that is, the Prakash Industries case. The Court proceeds to highlight the part of the inclusive definition of "proceeds of crime" in Section 2 (1) (u) of the PMLA which includes "the value of any such property" to draw a distinction between "tainted" and "untainted" or "deemed tainted" property. On such logic, it is held that even untainted property which may have been acquired "by the suspect legitimately without any connection with criminal activity or its result".
Calcutta High Court (Appellete Side) Cites 30 - Cited by 0 - Full Document
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