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J.JOHNSON THANGIAH (LEGAL ADVICE / TRIAL ADVOCATE)     23 February 2018

Prevention of money laundering act-2002

Prevention Of Money Laundering Act-2002 (PMLA-2002)
PRESUMPTION

The "Presumption" enjoyed by PMLA-2002 U/S 23 is clearly rebuttable . The term presumption may be defined to be an inference,affirmative or dis affirmative of the truth of false hood of a something proved or taken for granted.The presumption be inferred from oral,documents or through other evidences.

To invoke the presumption U/S 23 of PMLA-2002 insisting inter connected transactions are to be proved and to be involved in money laundering.

In the case of

Rama Raju S/O Ramalingaraju -Vs- UOI (Sathyam Computer Scam), 2012 1 MLJ 419.

The court held that "Certain Facts Proved"in relation to other facts Presumed or inferred.

U/S 24 of PMLA-2002 a presumption may be raised by the authorities or the court against any person charged with the offence of PMLA-2002.



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