Search Results Page
Search Results
1 - 10 of 30 (0.40 seconds)Section 2 in The Transplantation Of Human Organs and Tissues Act, 1994 [Entire Act]
Section 4 in The Transplantation Of Human Organs and Tissues Act, 1994 [Entire Act]
Vijay Madanlal Choudhary vs Union Of India on 27 July, 2022
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.