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| Name | The Supreme Court's PMLA Judgment: The Paths Not Taken |
| Video Uploader | Video From Project 39A, NLU Delhi |
| Upload Date | This Video Uploaded At 11-08-2022 13:45:34 |
| Video Discription | In light of Supreme Court's recent judgment upholding various provisions of the Prevention of Money Laundering Act, 2002, Shivani Misra of Project 39A speaks to Senior Advocate Aman Lekhi on what the Supreme Court could have done differently while balancing the rights of the individual against the State's power. Link to the judgement - https://main.sci.gov.in/supremecourt/2014/19062/19062_2014_3_1501_36844_Judgement_27-Jul-2022.pdf Note: The following are the relevant sections and case laws referred to in the podcast Sections - Section 3 - Offence of money laundering www.indiacode.nic.in/bitstream/123456789/2036/1/A2003-15.pdf - Section 19 - Power to arrest indiankanoon.org/doc/1093594/ - Section 24 - Burden of proof https://www.indiacode.nic.in/bitstream/123456789/2036/1/A2003-15.pdf - Section 45 - Offence to be cognisable and non-bailable indiankanoon.org/doc/873452/ - Section 50 - Powers of authorities regarding summons, production of documents and to give evidence indiankanoon.org/doc/1395568/ Judgments referred Sanjay Dutt v. State through C.B.I., Bombay (1994) 6 SCC 86 https://indiankanoon.org/doc/1655328/ Nikesh Tarachand Shah v. Union of India (2018) 11 SCC 1 https://indiankanoon.org/doc/117859307/ Tofan Singh v. State of Tamil Nadu 2020 SCC OnLine SC 882 https://indiankanoon.org/doc/143202244/ Barkat Ram v. State of Punjab (1962) 3 SCR 338 https://indiankanoon.org/doc/1090657/ Balkishan A Devidayal v. State of Maharashtra (1980) 4 SCC 600 https://indiankanoon.org/doc/832781/ |
| Category | Education |
| Tags | PMLA | Aman Lekhi | Supreme Court | Judgement | Critique |
