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1 - 10 of 14 (0.14 seconds)The Indian Penal Code, 1860
Section 45 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
Section 50 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Section 3 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 437 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Nikesh Tarachand Shah vs Union Of India on 23 November, 2017
5. Learned senior counsel submitted arguments mainly
highlighting Section 45 of PMLA Act. He submits that twin
conditions contemplated under Section 45 of PMLA Act were held
to be unconstitutional as it violates Articles 14 and 21 of the
Constitution of India by the Hon'ble Apex Court in Nikesh
Tarachand Shah Vs. Union of India and another1 and thereafter
an amendment was carried out vide Finance Act, 2018 (Act 13 of
2018) with effect from 19.04.2018, but however the original
Section 45 (1)(ii) has not been revived or resurrected by the said
Amendment Act and further, the amending Section 45 (1) of PMLA
Act, which came into effect from 19.04.2018 is silent about its
retrospective applicability. Hence, as of today, there is no rigor of
said two further limitations under original Section 45(1)(ii) of PMLA
Act for releasing a person on bail under the said Act.