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1 - 7 of 7 (0.09 seconds)Section 42 in The Prevention of Money-Laundering Act, 2002 [Entire Act]
Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022
10. While interpreting the word "value thereof", the Hon'ble
Supreme Court in the case of Vijay Madanlal Choudhary (supra),
clarified that the definition of "proceeds of crime" is wide enough to
not only refer to the property derived or obtained as a result of
criminal activity relating to a scheduled offence, but also of the value
of any such property. If the property is taken or held outside the
country, even in such a case, the property equivalent in value held
within the country or abroad can be proceeded with.
M/S Prakash Industries Ltd. & Anr. vs Directorate Of Enforecement on 19 July, 2022
In Prakash Industries (supra),
this Court reiterated the observations made in Deputy Director,
Directorate of Enforcement of Delhi Vs. Axis Bank & Ors. (2019)
SCC Online Del 7854 that the expression "proceeds of crime"
The Deputy Director Directorate Of ... vs Axis Bank & Ors on 2 April, 2019
In Prakash Industries (supra),
this Court reiterated the observations made in Deputy Director,
Directorate of Enforcement of Delhi Vs. Axis Bank & Ors. (2019)
SCC Online Del 7854 that the expression "proceeds of crime"
Sri. H M Malthesh vs The Director Of Enforcement on 18 December, 2020
7. It has been argued that subject property could not have been
attached as "value thereof" in terms of Section 2(1) (u) of PMLA,
2002, since the said property was never actually purchased by the
appellant himself. The right of the appellant in the subject property
has flown through his deceased father and thus, it was wholly
impermissible to rely upon Section 2(1) (u) of PMLA to attach the
said property. Placing reliance on judgment of Karnataka High Court
in H.M. Malthesh Vs. Directorate of Enforcement, dated 18th
December 2020 in Criminal Petition No. 584 of 2018, it is argued that
as per Section 2(1)(u) of PMLA, only these tainted properties, which
are obtained directly or indirectly as a result of criminal activity
relating to scheduled offence, can be termed as "proceeds of crime",
Signature Not Verified
Signed By:VAISHALIMisc. Appeal (PMLA) 13/2026 Page 2 of 5
PRUTHI
Signing Date:18.02.2026
14:52
which is not the situation in the present case, as the subject property
was not purchased by the appellant's money but was rather purchased
by his father from his own money.
Pavana Dibbur vs The Directorate Orf Enforcement on 17 April, 2023
He also places reliance on the
judgment of Supreme Court in Pavana Dibbur Vs. Directorate of
Enforcement (2023) 15 SCC 91 to argue that any property bought
prior to the commission of Scheduled Offence shall not be attached.
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