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THE HIGH COURT OF SIKKIM : GANGTOK
BHASKAR RAJ PRADHAN
Eastern Institute for Integrated Learning In Management University through the Vice Chancellor – Appellant
Versus
Joint Director, Directorate of Enforcement Government of India – Respondent
| Table of Content |
|---|
| 1. challenge to show cause notice (Para 1 , 2 , 3) |
| 2. need for a judicial member in bench (Para 4 , 5) |
| 3. reconstitution of adjudicating authority bench (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. arguments on necessity of judicial member (Para 14 , 15 , 16) |
| 5. inadmissibility of modification/clarification applications (Para 19 , 20 , 21 , 22) |
| 6. dismissal of application for modification (Para 23) |
ORDER :
Bhaskar Raj Pradhan, J.
1. A judgment dated 22.09.2015 was rendered by the learned Single Judge of this Court in W.P. (Crl.) No. 02 of 2015 filed by Eastern Institute for Integrated Learning in Management University (EIILM University) against the Joint Director and the Enforcement Officer, Directorate of Enforcement, Government of India and the Registrar/Administrative Officer, Adjudicating Authority.
2. EIILM University had prayed for setting aside the show cause notice dated 03.02.2015 issued by the Adjudicating Authority under sub-section (1) of section 5 of the Prevention of Money Laundering Act, 2002 (PMLA, 2002) and the subsequent proceedings consequential thereto.
3. The principal ground seeking to quash the show cause notice under section 8 of the PMLA, 2002 by the Adjudi
Judicial Members are essential in significant cases under the Prevention of Money Laundering Act, and modification applications to revisit judgments after many years are typically viewed as an abuse ....
The court upheld the validity of a show-cause notice under the Prevention of Money Laundering Act, affirming that the adjudicating authority may operate as a single-member bench without violating sta....
Under PMLA, Adjudicating Authority neither has power to decide on criminality of offence nor does it have power to impose punishment – Powers under Section 6 can be exercised by an Adjudicating Autho....
The adjudicating authority under the Prevention of Money Laundering Act, 2002, can function with a single-member bench as per Section 6(5)(b) of the Act, which empowers the Chairperson to constitute ....
The judgment established the principle that statutory remedies should be exhausted before seeking extraordinary writ jurisdiction under Article 226 of the Constitution of India.
The court established that the Adjudicating Authority under the PMLA, while exercising powers that may appear judicial, operates primarily as an administrative body, and its composition does not nece....
The court emphasized the jurisdiction based on the location of the Appellate Authority, the wide power of the Appellate Tribunal, the limited scope of seeking constitution of a two-member Bench under....
Point of law: Provisional attachment - Adjudicating Authority does not become functus officio on expiry of the period of 180 days from the passing of the order of provisional attachment unless such o....
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