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Enforcement Directorate

Nov 20, 2019, 11.55 AM IST

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ENFORCEMENT DIRECTORATE

SC to hear Chidambaram's bail plea in INX money-laundering case on Wednesday

A bench, headed by newly-sworn-in Chief Justice of India S A Bobde, on Monday ordered the listing of the bail plea before an appropriate bench on Wednesday. "List on November 20, before an appropriate bench, subject to curing of defects," the bench said in its order uploaded late evening.

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  • Investigating agencies had imposed Rs 1,907 crore penalty and confiscated Rs 3.45 crore under FEMA in 2018-19. Penalties worth Rs 179 crore and confiscations of Rs 11.49 crore were made in 2017-18. As for PMLA, Rs 15,490 crore worth of properties were attached in 2018-19, up from Rs 7,432 crore in FY18.

    A three-member bench headed by Chairperson Justice S J Mukhopadhaya also said the Enforcement Directorate will probe and ascertain whether the money paid by the promoters is not from proceeds of crime. The promoters of the company include absconding Nitin Jayantilal Sandesara and Chetankumar Jayantilal Sandesara.

    The Delhi high court had on Friday dismissed Chidambaram's bail plea in the case filed by the ED, saying prima facie allegations against him are serious in nature and he played an "active and key role" in the offence. Chidambaram was first arrested by the CBI on August 21 in the INX Media corruption case and was granted bail by the SC on October 22.

    The ED in its application urged the court to correct the "accidental slip/inadvertent error" that is there in the November 15 verdict passed by Justice Suresh Kait. The facts of another case have found mention in the Delhi High Court order denying bail to Chidambaram.

    The assets include agricultural and industrial land, commercial plots and buildings located in Dehradun and Udham Singh Nagar districts of Uttarakhand, and Rampur district in Uttar Pradesh. The ED said it was found in the probe that the farmers and the land owners who got higher compensation had utilised the excess amount in buying immovable properties.

    Safema authorities have fixed a reserve price of Rs 3.45 crore for the 1245-sq feet flat at the plush Juhu Tara road in suburban Mumbai belonging to Mirchi. The winner will have to deposit Rs 86.50 lakh as earnest money.

    In a notification on November 15, the ministry of corporate affairs (MCA) included personal guarantees on corporate loans under the bankruptcy code effective from December 1. The promoters who have given personal guarantees include Jet Airways founder Naresh Goyal & The Ruia family which just last week lost its Rs 42,000 crore battle to keep Essar Steel.

    FM Nirmala Sitharaman indicated that a system may be worked out under which action related to the PMLA against the promoter doesn’t impact a company’s resolution under the IBC. The ED’s action has resulted in main applicant JSW reviewing its offer as several assets of one of the most highprofile IBC cases will not be part of the transaction.

    ​Justice Suresh Kait said that wrong message will be sent to the society if bail is granted to Chidambaram in this case. The high court had reserved the order on November 8 on the bail petition after hearing the arguments of counsel for Chidambaram and the Enforcement Directorate (ED).

    A three-judge bench headed by Justice R Banumathi issued a notice to the Enforcement Directorate on Chidambaram's appeal challenging the Delhi High Court's November 16 verdict dismissing his bail plea in the case. The bench, comprising Justices A S Bopanna and Hrishikesh Roy, posted the matter for hearing on November 26.

    Special Judge Arvind Kumar has sent a notice to the Enforcement Directorate directing it to file a reply by November 22 about the bail plea of Ratul Puri who was accused and arrested by ED in connection with the AgustaWestland VVIP chopper deal. Puri moved the bail plea saying he was not required for further investigation.

    Shivakumar, a 7-time MLA in Karnataka, was booked along with Haumanthaiah -- an employee at Karnataka Bhavan in New Delhi-- and others for alleged offences under the PMLA. The case was based on a charge sheet filed by the Income Tax Department against them last year on charges of alleged tax evasion and 'hawala' transactions worth crores or rupees.

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