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PMLA: prevention off money laundering act slides discuss briefly on the process of investigation of under the said act.
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This case involves a challenge to the validity of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The key issues are: 1) Whether it is necessary for the court to evaluate the necessity of a statute, 2) Whether existing contract rights can be amended by law in favor of one party, and 3) Whether Section 13 of the Act, which allows secured creditors to enforce security without court intervention, is unconstitutional. The court found that it cannot evaluate the necessity of a statute and that contract rights can be amended by law. It upheld most of Section 13 but added requirements that creditors disclose reasons for not accepting objections and that enforcement can be challenged on the grounds of fraud.
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3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
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AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICE
These slides are regarding Audi Alteram Administrative law is the body of law that governs the activities of administrative agencies of government. Administrative law deals with the decision-making of administrative units of government such as tribunals, boards or commissions in such areas as international trade, manufacturing, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction.
4. DEFINITION Administrative law deals with the powers and functions of the administrative authorities, the manner in which the powers are to be exercised by them and the remedies that are available to the aggrieved persons when those powers are abused by the authorities. Jain and Jain – Four aspects of Administrative Law. Administrative Law deals with mainly 4 aspects: Composition and the powers of administrative authorities. Fixes the limits of the powers of these authorities. Prescribes the procedure to be followed by these authorities in exercising such powers. Controls these administrative authorities through judicial and other means.
THE PRINCIPLES OF NATURAL JUSTICE Natural justice is a principle that is intended to ensure law with fairness and to secure justice. The Principles of Natural Justice have come out from the need of man to protect himself from the excesses of organized power. The Principles of Natural Justice are considered the basic Human Rights because they attempt to bring justice to the parties naturally. THREE BASIC PILLARS Three core points in the concept of principles of natural justice include: Nemo in propria causa judex, esse debet - No one should be made a judge in his own case, or the rule against bias. Audi alteram partem - Hear the other party, or the rule of fair hearing, or the rule that no one should be condemned unheard. Speaking order or reasoned decision- Speaking order means an order which contains reasons for the decision. No system of law can survive without these three basic pillars.
‘’Audi alteram partum means ‘‘hear the other side’’ or ‘‘no man should be condemned unheard 'or ‘‘both the sides must be heard before passing any order’’. This is the basic requirement of rule of law.
AUDI ALTERAM PARTEM “A party is not to suffer in person or in purse without an opportunity of being heard.’’ It is mainly applicable in the field of administrative action and is regarded as the first principle of civilised jurisprudence. In short, before an order is passed against any person, reasonable opportunity of being heard must be given to him.
The maxim includes two elements • NOTICE. • HEARING.
Powerpoint presention on Principles of Natural Justice
The document discusses the principles of natural justice in administrative law. It notes that natural justice comprises two main components - the right to a fair hearing (audi alteram partem) and an impartial decision maker (nemo judex in re sua). It provides examples of when natural justice applies, such as when administrative actions infringe on fundamental rights or involve quasi-judicial decisions. Key aspects of the right to a fair hearing and impartiality are outlined, along with important case laws that have helped shape these principles.
Chapter 3 procedural_rights_week_3
This document discusses procedural fairness in the context of administrative law. It covers several key topics:
1) Sources of procedural fairness obligations, including the Charter, Canadian Bill of Rights, common law, and statutes.
2) Key Supreme Court of Canada cases that have shaped the modern understanding of procedural fairness, including Nicholson, Baker, and Knight.
3) Factors considered in determining whether and to what extent procedural fairness applies in a given case, such as the nature of the decision, statutory context, and importance to individuals affected.
4) Examples of specific procedural protections, such as the right to a hearing, right to provide oral submissions, and right to respond to allegations.
Contempt of court
The document discusses the definition and history of contempt of court in India and other jurisdictions. It defines contempt of court as disrespect or disregard for the court or interference with parties during litigation. Lord Hadwick classified contempt into three types: scandalizing the court, abusing parties, and prejudicing the public. Contempt laws were introduced to India by the British and later codified in acts from 1926 to 1952. The US defines contempt similarly as despising the court's authority. Supreme courts have power to punish for contempt to uphold their dignity and authority. The first contempt case in India involved lawyers making allegations against judicial officers.
21 BLL 1219 (Interlocutory App.).pptx
The document discusses interlocutory applications in Indian law. It begins by defining an interlocutory application as a motion for interim relief sought before a final decision in a case. It notes that interlocutory applications allow parties to seek interim orders to help their case or protect their rights. The document outlines the types of interlocutory applications, the steps to make one, and provides examples of landmark cases related to granting interim injunctions. It concludes by emphasizing the importance of interlocutory applications in keeping legal proceedings on track.
21 BLL 1219 (Interlocutory App.).pptx
The document discusses interlocutory applications in Indian law. It begins by defining an interlocutory application as a motion for interim relief sought before a final decision in a case. It notes that interlocutory applications allow parties to seek interim orders to help their case or protect their rights. The document outlines the types of interlocutory applications, the steps to make one, and provides examples of landmark cases related to granting interim injunctions. It concludes by emphasizing the importance of interlocutory applications in keeping legal proceedings on track.
Mardia chemicals case by shreya a322509022
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
Mardia chemicals case by shreya a322509022
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be an arbitrary requirement. [3] Overall the judgment upheld the main structure of the Act but identified some deficiencies, such as not addressing the tension between the Act and the Companies Act regarding winding up of companies.
Mardia chemicals case by shreya a322509022
This case involves a challenge to the validity of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The key issues are: 1) Whether it is necessary for the court to evaluate the necessity of a statute, 2) Whether existing contract rights can be amended by law in favor of one party, and 3) Whether Section 13 of the Act, which allows secured creditors to enforce security without court intervention, is unconstitutional. The court found that it cannot evaluate the necessity of a statute and that contract rights can be amended by law. It upheld most of Section 13 but added requirements that creditors disclose reasons for not accepting objections and that enforcement can be challenged on the grounds of fraud.
Mardia chemicals case
This case involves a challenge to the validity of certain provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. [1] The Supreme Court upheld the main provisions of the Act, including Section 13 which allows secured creditors to enforce security interests without court intervention. [2] However, the Court struck down the requirement under Section 17(2) that borrowers deposit 75% of the claimed amount before appealing to the Debt Recovery Tribunal, finding it to be arbitrary. [3] While the main structure of the Act was upheld, the judgment did not fully address the tensions between the Act and the Companies Act regarding the rights of secured vs. unsecured creditors when a company becomes insol
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POSITION OF LOCUS STANDI IN MALAYSIA AND UNITED KINGDOM
POSITION OF LOCUS STANDI IN MALAYSIA AND UNITED KINGDOM
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICE
AUDI ALTERAM PARTEM: PRINCIPLES OF NATURAL JUSTICE
Powerpoint presention on Principles of Natural Justice
Powerpoint presention on Principles of Natural Justice
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As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
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本科毕业证书,学历学位认证如何办理【留学国外学位学历认证、毕业证、成绩单、大学Offer、雅思托福代考、语言证书、学生卡、高仿教育部认证等一切高仿或者真实可查认证服务】代办国外（海外）英国、加拿大、美国、新西兰、澳大利亚、新西兰等国外各大学毕业证、文凭学历证书、成绩单、学历学位认证真实可查。
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国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
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4毕业证成绩单电子版您确认信息无误之后安排制作成品；
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一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
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5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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原版制作(PSU毕业证书)宾州州立大学公园分校毕业证学历证书一模一样
学校原件一模一样【微信：741003700 】《(PSU毕业证书)宾州州立大学公园分校毕业证学历证书》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
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Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
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PMLA.pptx
- 1. PMLA : PREVENTION OF MONEY LAUNDERING ACT Aksheta Sameer Chougaonkar LLB HONS Bennett University , Times of India Group
- 3. Introduction When a person uses his illicitly earned money to make a huge income and to use it fairly can be termed generally as money laundering. However the section 3 of the Prevention of the Money Laundering Act , 2002 defines more clearly as to what is money laundering and even makes a person who knowingly assists or knowingly indulges becomes party or is actually connected to any activity connected to money laundering or even related to concealment , acquisition or use of such money will be held liable to the offence of money laundering. Presentation title 3
- 4. The act in itself defines the procedure of the investigation of money laundering and also the adjudicating authorities. Over the time there have been constant debates on the questionless powers of the authorities under this act to make arrests or to deny certain rights to the accused. Recently the apex court itself took to address the petition regarding the unconstitutionality of the powers to make arrest under this act or the confiscation of the property.
- 5. The Process Presentation title 5 • The process of the investigation of a matter goes through various stages according to the Prevention of Money Laundering Act includes the registration of the FIR then the filing of ECIR (Enforcement Case Information Report) , issuing summons under section 50 of the act and then the filing of the final complaint in the Special Court. The adjudicating authorities if they find it fit and reasonable can issue summon to a person under section 50 of the act. • The summons are usually issued for the production of documents, evidences or to even conduct an investigation under the act. Infact, the Additional Director, Joint Director and Deputy of Assistant Director can issue summons to a person if he considers it necessary in order to produce any records during the investigation or to hand over an evidence.
- 6. Cases • as per the section of the Act the adjudicating power of the authority is same as the one given vested in the civil court under the Code of Civil Procedure ,908 (5 of 908) while trying a suit and this was also held in the case of G Radhakrishnan v Assistant Director (204) SCC online Mad 3980. • In addition, every proceeding under sub- section (2) and (3) of Section 50 of PMLA is deemed to be a judicial proceeding. In the case of B. Narayanaswamy v Deputy Director and Others (2019) SCC online Mad 32868, it was held that, every proceeding under sub-section(2) and (3) of Section 50 of PMLA, 2002 shall be deemed to be a judicial proceeding within the meaning of section 93 and Presentation title 6
- 7. Conclusion • The statement made before the enforcement directorate is admissible during the investigation however, if a statement is made before a police officer, then it is inadmissible evidence. Regarding the relevancy off statements reordered after the arrest if an accused person is forced to be a witness against himself then it violates article 20(3) of the Constitution as ED can force individuals to give statements through undue influence. • For another issue a petition was filed to revisit the power of the ED as authority and the apex court recently held section 8(4) of the act which talks about possession of the property in question before a formal order of confiscation is passed should be an exception and not a rule. In the same court also stated that the ED is "not required to share the ECIR (Enforcement Case Information Report) copy" with the accused. This document, the court said, cannot be equated with an FIR (First Information Report). Presentation title 7
- 8. Presentation title 8 In conclusion it can be stated that even if the act has been exhaustive in defining the process of the investigation and to keep a check on the money laundering , it is to be noted that the powers given to the officers under this act for adjudicating their authority is extensive and can easily be misused and a person who may or may not be accused of such offence may be made to give a statement under coercion or undue influence or threat. It is to be considered and understood that the purpose of the investigation id to collect evidences , documents and issuing summons and it wont be violative of article 20(3) of the Constitution unless a person is arrested and then compelled to give a statement against himself.