AI Overview...
- Fugitive Economic Offenders Act, 2018 - Main Points and Insights
- The Act aims to address issues of economic offenders evading legal processes by declaring individuals as fugitive offenders, enabling the attachment and confiscation of their properties. Key provisions include Sections 2(1)(f), 2(1)(m), 4, 10, 12, 23(2)(a) which govern the declaration process, property attachment, and procedural safeguards. Mehul Choksi VS State Of Maharashtra - BombaySANJAY BHANDARI Vs DIRECTORATE OF ENFORCEMENT - DelhiMehul Choksi VS State of Maharashtra - BombayMehul Choksi vs State of Maharashtra - Bombay
- The Act emphasizes compliance with procedural requirements, such as serving summons and hearing applications under Sections 4 and 12, with the Special Court authorized to declare a person as a fugitive only after satisfaction. Mehul Choksi VS State Of Maharashtra - BombayMehul Choksi vs State of Maharashtra - Bombay
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The legislation's intent is to prevent economic offenders from fleeing jurisdiction, thereby safeguarding economic interests and ensuring enforcement of economic laws. It also interacts with other legal frameworks like extradition laws and the NIA Act. SANJAY BHANDARI Vs DIRECTORATE OF ENFORCEMENT - DelhiMehul Choksi VS State of Maharashtra - BombayBavaguthu Raghuram Shetty, S/o. Late Shri Shambu Shetty VS Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep. By Its Director - Karnataka
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Legal Proceedings and Judicial Interpretations
- Courts have upheld the provisions of the Act, especially regarding the declaration of individuals as fugitive offenders and property attachment, provided procedural safeguards are followed. Challenges such as non-compliance with summons or service requirements have been examined, with courts emphasizing adherence to due process. Faizal Hasamali Mirza @ Kasib VS State of Maharashtra - CrimesRamanujam Sesharatnam VS Directorate of Enforcement, Rep. By its Deputy Director - Madras
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The Act is not a standalone code; it works in conjunction with other laws like the Extradition Act, Companies Act, and Prevention of Money Laundering Act, to facilitate recovery and legal action against economic offenders. United Breweries (holdings) Limited VS State Bank Of India And Others - KarnatakaBavaguthu Raghuram Shetty, S/o. Late Shri Shambu Shetty VS Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep. By Its Director - Karnataka
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Main Conclusions
- The Fugitive Economic Offenders Act, 2018, provides a robust legal framework to prevent economic offenders from evading justice by fleeing India.
- Proper procedural compliance, judicial oversight, and integration with other legal statutes are essential for the effective implementation of the Act.
- The legislation reflects a legislative intent to strengthen enforcement against economic crimes and protect economic stability. Mehul Choksi VS State Of Maharashtra - BombaySANJAY BHANDARI Vs DIRECTORATE OF ENFORCEMENT - DelhiMehul Choksi vs State of Maharashtra - Bombay
References:
- Mehul Choksi VS State Of Maharashtra - Bombay, SANJAY BHANDARI Vs DIRECTORATE OF ENFORCEMENT - Delhi, Mehul Choksi VS State of Maharashtra - Bombay, Mehul Choksi vs State of Maharashtra - Bombay, Ramanujam Sesharatnam VS Directorate of Enforcement, Rep. By its Deputy Director - Madras, Bavaguthu Raghuram Shetty, S/o. Late Shri Shambu Shetty VS Bureau of Immigration, Ministry of Home Affairs, Government of India, Rep. By Its Director - Karnataka, United Breweries (holdings) Limited VS State Bank Of India And Others - Karnataka, Faizal Hasamali Mirza @ Kasib VS State of Maharashtra - Crimes
Search Results for "Fugitive Economic Offenders Act"
2019 0 Supreme(Bom) 2222 • India - Bombay
REVATI MOHITE DERE
Fugitive Economic Offenders Act - Compliance with Sections 4(2)(e), 10(1) and (2), 12(1) and (2), and 23(2)(a) - Rule 3(1)(viii ... Issues: The issues revolved around the compliance with specific provisions of the Fugitive Economic Offenders Act, 2018, in ... Economic Offenders Act, and therefore, the impugned order was sustained. ... Economic Offenders #HL_STA....
2024 Supreme(Online)(Del) 32880 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
offender, affirming the legislative intent of the Fugitive Economic Offenders Act to address issues of economic offenders evading ... Economic Offenders Act, noting the serious consequences for being declared a fugitive offender. ... (A) Fugitive Economic Offenders Act, 2018 - Sections 2(1)(f), 2(1)(m), 4, 10....
2023 0 Supreme(Bom) 2229 • India - Bombay
SARANG V. KOTWAL
FUGITIVE ECONOMIC OFFENDERS - Fugitive Economic Offenders Act, 2018 - Sections 4, 5, 11, 16, 21, 22; Code ... Economic Offenders Act, 2018, which sought to declare him a fugitive economic offender. ... of Criminal Procedure, 1973 - Sections 5, 297 - The court discussed the provisions of the Fugitive Economic Offender....
• India - Bombay High Court
Revati Mohite Dere, J
Fugitive Economic Offenders Act, 2018 , in particular, Sections 4 (2)(e), Section 10 (1) and (2), Section 12 (1) and (2) and Section 23(2)(a) of the Section 12 of the said Act contemplates hearing of the application under Section 4 and only if the Special Court is satisfied that an individual is a fugitive economic offender, it may, by order declare the said person as fugitive.
2024 0 Supreme(Mad) 1843 • India - Madras
S. M. SUBRAMANIAM, V. SIVAGNANAM
Economic Offenders Act. ... (A) Fugitive Economic Offenders Act, 2018 - Section 10 - Non-compliance with service of summons - The appellants challenged the order ... Economic Offenders Act to attach their properties. ... The respondent/Enforcement Directorate/prosecution filed a petition under Section 4 of the Fugitive Economic Offenders Act, 2....
2025 Supreme(Online)(SC) 183 • India - Supreme Court of India
B.V. NAGARATHNA, SATISH CHANDRA SHARMA, JJ
and the Fugitive Economic Offenders Act, 2018. ... The judgment considers the petitions under the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015 ... Application No. 249/2019 dated 13.12.2019 filed under Sections 4, 10 and 12 of the Fugitive Economic Offenders Act, 2018. ... We take note of the submissions made by learned senior counsel for the petitioner and permit the petitioner herein to raise....
2024 0 Supreme(Kar) 79 • India - Karnataka
KRISHNA S. DIXIT
.22/20.16.003/2015-16, Fugitive Economic Offenders Act of 2018, Extradition Act, 1962 Fact of the Case: ... Restriction, Fundamental Right to Travel, Office Memoranda, Validity, Presumptive Validity, Delegated Legislation, Constitutional Rights, Economic ... issuance of LoCs, the petitioner's compliance with court orders, and the impact of the petitioner's travel on loan recovery and economic ... (iii) In the event, any proceedings that may be instituted under the p....
2023 0 Supreme(Bom) 1774 • India - Bombay
GAURI GODSE, REVATI MOHITE DERE
The judgment addresses the interpretation of Sec. 21(5) of the NIA Act, particularly regarding the Appellate Court's authority to ... Ponda, did a comparative analysis of the legal provisions under the NIA Act, vis-a-vis the SCST Act and the Fugitive Economic Offenders Act, to emphasize that from the language used in the sec. s therein, it is clearly evident, that the legislative intent in enacting Sec. 21 of the NIA Act, was not to ... Sec. 14A in t....
• India - Crimes
REVATI MOHITE DERE, GAURI GODSE
(A) National Investigation Agency Act, 2008 – Section 21(5), 2nd proviso – Limitation Act, 1963 – Section ... NIA Act, as a whole, cannot said to be a complete Code in itself inasmuch as there are several provisions in NIA Act which have to ... – This can be done by virtue of Section 5 of Limitation Act, 1963, applicability of which is not excluded under provisions of NIA ... Ponda, did a comparative analysis of the legal provisions under the NIA Act, vis-a-vis the SC/ST Act#....
2020 0 Supreme(Kar) 513 • India - Karnataka
ALOK ARADHE, RAVI V.HOSMANI
Companies Act - Winding Up - Section 483 - Summary of Acts and Sections: Companies Act, 1956 - Section 448, 449, 457; Recovery ... of Debts and Bankruptcy Act, 1993 - Section 19, 25, 28, 34; Prevention of Money Laundering Act, 2002 - Section 5, 8, 71 - The court ... Vijay Mallya has been declared to a fugitive economic offender under fugitive economic offenders Act, 2008 and has been held to be in....
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