LegalWiki - Latest Legal News & Court Rulings

What are "Proceeds of Crime" under the Prevention of Money Laundering Act, 2002?

“Proceeds of Crime” as defined under Section 2(1)(u) under the Prevention of Money Laundering Act, 2002, refers to any property or money obtained directly or indirectly from criminal activities.

If a person earns money through a scheduled offence as per the Act (such as fraud, corruption, or drug trafficking), that money or any asset purchased using it is considered proceeds of crime.

It also includes property derived from such illegal income, even if it has been converted into another form, like land, shares, or business investments.

Under the law, authorities can attach, seize, and confiscate such assets. The aim is to prevent criminals from enjoying or using the benefits gained from illegal activities.

15 minutes ago

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Supreme Court Issues Notice on PIL Seeking Ban on Animal Sacrifice for Religious Rituals

The Supreme Court issued notice on a Public Interest Litigation (PIL) seeking a nationwide ban on animal sacrifice for religious rituals.

The petitioner requested a direction to the Ministry of Animal Husbandry to amend Section 28 of the Prevention of Cruelty to Animals Act, 1960.

This section currently acts as a savings clause, stating that killing animals in a manner required by religion is not an offence. The PIL argues that such practices constitute extreme animal cruelty and neglect.

The Bench sought responses from the concerned authorities regarding the constitutional validity of these religious exemptions in light of animal welfare.

[Shruti Bist v. Ministry of Animal Husbandry]

Read Order / 17 minutes ago

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Supreme Court Closes 40-Year-Old MC Mehta Case; Registers Suo Motu Case on NCR Air Pollution

The Supreme Court formally closed the 1985 MC Mehta v. Union of India case, noting its continued pendency created a misleading impression of judicial delay.

The Bench observed that original grievances were resolved decades ago, while current air quality challenges in Delhi-NCR are recent issues requiring a fresh framework.

Consequently, the Bench directed the Registry to register new suo motu proceedings titled "Re: Issues of air pollution in NCR." To streamline adjudication, all pending interlocutory applications will be converted into independent writ petitions and sub-categorized into areas like vehicular pollution, waste management, and industrial emissions.

Advocates have two weeks to identify relevant categories for their applications.

[MC Mehta v. UOI]

Read Order / 20 minutes ago

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Calcutta High Court Rules Screen Icons and Layouts Registrable Under Designs Act

The Calcutta High Court held that icons, menus, and screen layouts on digital devices qualify as registrable "designs" under the Designs Act, 2000.

Justice Ravi Krishan Kapur set aside several orders of the Controller of Designs, which had previously rejected Graphical User Interface (GUI) applications as mere software.

The Court clarified that an "article of manufacture" includes digital forms and that the display of a GUI constitutes an industrial process.

The Court further ruled that a design need not be permanently visible, provided it has "eye appeal" when the article is in use. The matters were remanded for fresh hearings.

[NEC Corporation v. The Controller of Patents & Design & Anr.]

Read Details / 23 minutes ago

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Supreme Court to Deploy AI to Automate Case Listing and Bench Allocation

The Supreme Court of India will implement Artificial Intelligence-powered software to handle case listing and bench allocation, effectively removing human intervention from the process.

Chief Justice of India Surya Kant initiated this reform following an internal probe that uncovered systemic failures and irregular case allocations within the registry.

The move aims to dismantle entrenched incumbency and modernize the Court’s technological infrastructure. This administrative overhaul follows a glaring lapse where a previously dismissed challenge was erroneously relisted before a fresh bench.

Alongside these digital reforms, the registry has undergone an unprecedented wave of interdepartmental staff transfers to ensure transparency and efficiency.

[Irfan Solanki v. State of Uttar Pradesh]

Read Details / 37 minutes ago

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High Courts Divided Over Relaxing Three-Year Practice Rule for Specially Abled Judicial Aspirants

Several High Courts have submitted their views to the Supreme Court regarding whether the mandatory three-year practice requirement for judicial service should be relaxed for specially abled candidates.

While the Delhi, Gauhati, and Punjab and Haryana High Courts supported a uniform eligibility criterion to maintain judicial competence, others suggested flexibility.

The Meghalaya High Court proposed reducing the practice period or granting age relaxations, while the Tripura High Court supported dispensing with the requirement entirely for such candidates.

Conversely, the Jammu & Kashmir and Ladakh High Court argued that while suitability can be adjusted, basic eligibility must remain uniform to avoid similar demands from other categories.

[Bhumika Trust v. UOI]

Read Order / 40 minutes ago

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OBC Creamy Layer Status Cannot be Determined on Parental Salary Alone: Supreme Court

The Supreme Court held that determining whether a candidate falls within the OBC creamy layer cannot be based solely on the income or salary of their parents.

The Bench of Justice P. S. Narasimha and Justice R. Mahadevan observed while dismissing a batch of appeals filed by the Union government.

The Court clarified that the status, rank, and nature of the post held by the parents must also be considered when applying the creamy layer exclusion.

It emphasised that the original reservation policy relied primarily on social status and position, with income serving only as a supplementary factor in limited situations.

[UOI & Ors. v. Rohith Nathan & Ors.]

Read Judgement / 44 minutes ago

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CCI Closes Case Against BookMyShow Citing No Abuse of Dominant Position

The Competition Commission of India held that while BookMyShow is a dominant player in the online movie ticketing market, it has not abused its position.

The ruling followed a complaint by the proprietor of Showtyme, alleging that exclusive agreements and convenience fee sharing foreclosed market access.

The Commission defined the relevant market as "online intermediation services for booking movie tickets," noting the platform's early entry and vast network. However, it found no evidence of market foreclosure, highlighting that competitors like Paytm and Amazon remain active.

The CCI concluded that commercial arrangements with cinemas did not violate the Competition Act, 2002.

[In Re: Showtyme v. Big Tree Entertainment Pvt. Ltd.]

Read Order / 46 minutes ago

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Supreme Court Declines PIL Against Exemption for Muslim Gifts from Mandatory Registration

The Supreme Court declined to entertain a PIL challenging Section 129 of the Transfer of Property Act, 1882 and Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, which allow gifts (hiba) under Muslim law without mandatory registration or stamp duty.

The petitioners argued that the exemption discriminates against non-Muslims and violates Articles 14 and 15.

The Bench of CJI Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi observed that the issue is complex because a non-Muslim donee can also benefit from such a gift.

The Court advised the petitioners to approach the Law Commission of India and seek legislative reform instead of directly invoking constitutional review.

[Hari Shankar Jain v. UOI]

Read Order / 51 minutes ago

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Bombay High Court: Bribe Money Qualifies as ‘Proceeds of Crime’ under PMLA

The Bombay High Court held that accepting a bribe can constitute “proceeds of crime” under the Prevention of Money Laundering Act, 2002 (PMLA).

The Court dismissed a petition filed by former municipal official Y. Shiva Reddy challenging his arrest by the Enforcement Directorate in a money-laundering case linked to illegal construction approvals.

It observed that once a person receives a bribe, he acquires property derived from criminal activity, which falls within the definition of “proceeds of crime.”

The Court also ruled that a belated challenge to arrest cannot be used to bypass the stringent bail conditions under Section 45 PMLA.

[Y. Shiva Reddy v. Directorate of Enforcement & Anr.]

Read Details / an hour ago

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Bombay High Court Issues Notice to Centre on Plea Alleging LPG Exports Amid Domestic Shortage

The Bombay High Court issued notice to the Central Government and Confidence Petroleum India Ltd regarding a plea alleging that LPG exports are being prioritized over domestic supply during an acute shortage.

The petitioners, six LPG dealers, claimed that supply disruptions in Maharashtra’s Vidarbha region are being exacerbated because significant volumes are diverted to international markets to capitalize on high prices.

The Court termed the issue as "serious" and of grave importance. Directing the company to ensure domestic supply aligns with prevailing government policy until the petition is decided.

The matter is scheduled for hearing on March 17.

[Omkar Sales & Ors. v. UOI & Ors.]

Read Details / an hour ago

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All Cheque Bounce Cases Must be Referred to Mediation After Service of Accused: Punjab & Haryana High Court

The Punjab and Haryana High Court directed that all cases under Section 138 of the Negotiable Instruments Act, 1881, relating to cheque dishonour should be referred to mediation once the accused has been served.

The Court observed that such disputes are essentially compensatory in nature and are better resolved through negotiated settlement rather than prolonged criminal trials.

It emphasised that mediation can help parties reach quicker financial resolution and reduce the burden on courts.

The High Court also noted that cheque dishonour cases arise from private financial disputes and should not unnecessarily involve the State, stressing that courts should not become recovery forums for such matters.

[Sonu Kumar v. Kulbir Singh]

Read Details / an hour ago

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PMLA Tribunal Cuts ED’s ‘Proceeds of Crime’ Claim Against Dalmia Cement from ₹793 Crore to ₹92.52 Crore

The PMLA Appellate Tribunal granted significant relief to Dalmia Cement by reducing the Enforcement Directorate’s (ED) alleged proceeds of crime (PoC) from ₹793.34 crore to ₹92.52 crore in a money-laundering case.

The case stems from allegations that the company made quid-pro-quo investments linked to former Andhra Pradesh Chief Minister Y. S. Jagan Mohan Reddy in return for a limestone mining lease.

The Tribunal partly allowed Dalmia Cement’s appeal against the ED’s provisional attachment order, which had earlier targeted assets worth over ₹793 crore.

Following the ruling, the attached assets and land parcels may be proportionately reduced, though the company has indicated it may pursue further legal remedies.

[Dalmia Cement (Bharat) Ltd v. Deputy Director, Directorate of Enforcement]

Read Details / an hour ago

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Supreme Court Declines Mandatory Menstrual Leave Policy, Citing Potential Career Risks for Women

The Supreme Court disposed of a PIL seeking nationwide paid menstrual leave, observing that a legal mandate could inadvertently harm women's employment prospects.

The Bench remarked that compulsory leave might discourage employers from hiring women, potentially leading to exclusion from key responsibilities and trial assignments.

The Court emphasized that while voluntary policies are "excellent," a statutory requirement could reinforce gender stereotypes and characterize menstruation as a biological disadvantage.

Pointing out that no woman had personally approached the Court, the Bench directed the Central Government to consider the petitioner’s representation and model a policy after consulting all relevant stakeholders.

[Shailendra Mani Tripathi v. Secretary, Ministry of Women & Child Development]

Read Details / an hour ago

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Supreme Court Grants Bail to Pawan Bishnoi and Jagtar Singh in Sidhu Moosewala Murder Case

The Supreme Court granted bail to accused Pawan Bishnoi and Jagtar Singh in the 2022 murder case of Punjabi singer Sidhu Moosewala.

A Bench of Justice Vikram Nath and Justice Sandeep Mehta noted that the trial involves about 180 prosecution witnesses, making it likely to take considerable time to conclude. The Court also considered that both accused had spent over three years in custody while the trial had progressed slowly.

The two had approached the apex court challenging the order of the Punjab and Haryana High Court denying them bail.

Considering prolonged incarceration and the expected delay in trial, the Court granted them bail.

Read Details / an hour ago

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