Kerala High Court resumes hearing of Bail Application of M Sivasankar, Former Principal Secretary of Kerala Chief Minister
He denies ED's allegations that Sivasankar contacted customs officials to clear the baggage alleged to be containing smuggled gold.
He also tells Court that all of Swapna's statements categorically denied his client's involvement in gold smuggling, until before her arrest.
"If you don't identify the crime, how do you know it is a 'Scheduled Offence' under the PMLA from which the proceeds of crime came?": Gupta
Reads out Section 3 of PMLA:
"There has to be a predicate offence from which proceeds of crime arise, that money needs to be touched by the accused to be prosecuted"
https://t.co/sDkgKRDwp8
What is the predicate offence? PMLA is not applicable here: Gupta
The Project was a private contract, how are they saying that a government servant received kickbacks from it?: Gupta
Read S. 45 here: https://t.co/Y9emmHQIfa
(This Section was amended in 2018.)
Gupta refers to SC's verdict in Nikesh Tarachand Shah v. UoI where it was held that S. 45 is manifestly arbitrary and contravenes Art 14.
Gupta submits that 2018 amendment has not removed the problem.
Read here:
https://t.co/p8ykH5Z56P
Says that they are social acquaintances & merely because Sivasankar sought accommodation for Swapna, Respondents are making an impression that it was to keep proceeds of crime
Gupta: If this is to be read without any external allegations in mind, there is nothing suspicious about it. They are trying to create impressions.
https://t.co/lWadiouGKm
More from Live Law
#LIVE Delhi High Court Women Lawyers Forum in Association with LiveLaw is conducting a Webinar on the topic 'Attack On Love Marriages And Freedom Of Choice'.
#FreedomOfChoice
Watch the Webinar live at :
YouTube link: https://t.co/l074foe9RA
Facebook link:
https://t.co/d0m3h0Ut1w
Instagram Link:
Advocate Kajal Chandra begins the webinar and introduces the panelist Justice AP Shah, Delhi High Court’s Former Chief Justice. Advocate Gayatri Virmani introduces Human Rights Activist Jagmati Sangwan.
#FreedomOfChoice
The moderator Adv Chandra questions Justice Shah: Do the freedom of Religious ordinance of laws stand the test of Constitutionality and in your opinion, do they violate the fundamental right of liberty including the freedom to choose? #FreedomOfOpinion
Delhi High Court’s Former Chief Justice AP Shah: This topic cannot be discussed without referring to the Indian Constitution that guarantees Justice, Liberty, Equality and Fraternity and protects dignity of individual and Unity and integrity of the Nation. #FreedomOfChoice
#FreedomOfChoice
Watch the Webinar live at :
YouTube link: https://t.co/l074foe9RA
Facebook link:
https://t.co/d0m3h0Ut1w
Instagram Link:
Advocate Kajal Chandra begins the webinar and introduces the panelist Justice AP Shah, Delhi High Court’s Former Chief Justice. Advocate Gayatri Virmani introduces Human Rights Activist Jagmati Sangwan.
#FreedomOfChoice
The moderator Adv Chandra questions Justice Shah: Do the freedom of Religious ordinance of laws stand the test of Constitutionality and in your opinion, do they violate the fundamental right of liberty including the freedom to choose? #FreedomOfOpinion
Delhi High Court’s Former Chief Justice AP Shah: This topic cannot be discussed without referring to the Indian Constitution that guarantees Justice, Liberty, Equality and Fraternity and protects dignity of individual and Unity and integrity of the Nation. #FreedomOfChoice
More from Law
A Warning:
The 'Freeports' in at least 10 locations in Britain will evolve into Charter Cities with their own laws. They will NOT be legally bound to ANY of the trade agreements between the UK and EU or any other country. They will be used to bypass all International scrutiny
'Sovereign UK' makes deal with Charter city (physically but NOT legally part of the UK) which then trades to other countries OUTSIDE of the constraints of International laws
Thus bypassing all restrictions , tariff, tax, human rights, climate change legislation - everything
https://t.co/f35zFvkCHQ
The 'Freeports' in at least 10 locations in Britain will evolve into Charter Cities with their own laws. They will NOT be legally bound to ANY of the trade agreements between the UK and EU or any other country. They will be used to bypass all International scrutiny
'Sovereign UK' makes deal with Charter city (physically but NOT legally part of the UK) which then trades to other countries OUTSIDE of the constraints of International laws
Thus bypassing all restrictions , tariff, tax, human rights, climate change legislation - everything
https://t.co/f35zFvkCHQ
Today the superior court will hear oral arguments in Midtown Citizens Coalition v. Municipality of Anchorage. "MCC" is an unofficial group that opposes the recall of Assembly member Felix Rivera. The question is whether the Muni properly certified the recall petition. #aklaw
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
Oral argument in scheduled for January 21 at 3 pm in this case & will be telephonic. To listen, call 1-800-768-2983, code: 2640561#. Alternate phone numbers if the toll-free number gives you trouble: 1-907-206-2349 or 1-913-904-9867 or 1-212-231-3884.
— Alaska Court System (@AlaskaCourt) January 20, 2021
Before posting the MCC v. MOA briefs, it's worth noting that the legal arguments made by Rivera's supporters parallel those made by Dunleavy in Recall Dunleavy v. State. Both Rivera and Dunleavy argued that their recall petitions should have been denied by election officials.
So let's play a game called "Who Argued It." Guess which politician, Rivera or Dunleavy, made the following arguments in court:
1. "The grounds for recall stated in the petition are insufficient as a matter of law, and therefore the petition should have been rejected."
2. "Even under Alaska’s liberal recall standards, courts have not hesitated to find petitions legally insufficient when those petitions did not contain sufficient factual allegations of unlawful activity to state sufficient grounds for recall.”
3. "The allegations must be sufficiently particular to allow the official a meaningful opportunity to respond . . . . [and] ensure that voters have the information they need to vote."
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🌿𝑻𝒉𝒆 𝒔𝒕𝒐𝒓𝒚 𝒐𝒇 𝒂 𝑺𝒕𝒂𝒓 : 𝑫𝒉𝒓𝒖𝒗𝒂 & 𝑽𝒊𝒔𝒉𝒏𝒖
Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W
Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela
The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.
One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.
Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"
Once upon a time there was a Raja named Uttānapāda born of Svayambhuva Manu,1st man on earth.He had 2 beautiful wives - Suniti & Suruchi & two sons were born of them Dhruva & Uttama respectively.
#talesofkrishna https://t.co/E85MTPkF9W
Prabhu says i reside in the heart of my bhakt.
— Right Singh (@rightwingchora) December 21, 2020
Guess the event. pic.twitter.com/yFUmbfe5KL
Now Suniti was the daughter of a tribal chief while Suruchi was the daughter of a rich king. Hence Suruchi was always favored the most by Raja while Suniti was ignored. But while Suniti was gentle & kind hearted by nature Suruchi was venomous inside.
#KrishnaLeela
The story is of a time when ideally the eldest son of the king becomes the heir to the throne. Hence the sinhasan of the Raja belonged to Dhruva.This is why Suruchi who was the 2nd wife nourished poison in her heart for Dhruva as she knew her son will never get the throne.
One day when Dhruva was just 5 years old he went on to sit on his father's lap. Suruchi, the jealous queen, got enraged and shoved him away from Raja as she never wanted Raja to shower Dhruva with his fatherly affection.
Dhruva protested questioning his step mother "why can't i sit on my own father's lap?" A furious Suruchi berated him saying "only God can allow him that privilege. Go ask him"
So the cryptocurrency industry has basically two products, one which is relatively benign and doesn't have product market fit, and one which is malignant and does. The industry has a weird superposition of understanding this fact and (strategically?) not understanding it.
The benign product is sovereign programmable money, which is historically a niche interest of folks with a relatively clustered set of beliefs about the state, the literary merit of Snow Crash, and the utility of gold to the modern economy.
This product has narrow appeal and, accordingly, is worth about as much as everything else on a 486 sitting in someone's basement is worth.
The other product is investment scams, which have approximately the best product market fit of anything produced by humans. In no age, in no country, in no city, at no level of sophistication do people consistently say "Actually I would prefer not to get money for nothing."
This product needs the exchanges like they need oxygen, because the value of it is directly tied to having payment rails to move real currency into the ecosystem and some jurisdictional and regulatory legerdemain to stay one step ahead of the banhammer.
If everyone was holding bitcoin on the old x86 in their parents basement, we would be finding a price bottom. The problem is the risk is all pooled at a few brokerages and a network of rotten exchanges with counter party risk that makes AIG circa 2008 look like a good credit.
— Greg Wester (@gwestr) November 25, 2018
The benign product is sovereign programmable money, which is historically a niche interest of folks with a relatively clustered set of beliefs about the state, the literary merit of Snow Crash, and the utility of gold to the modern economy.
This product has narrow appeal and, accordingly, is worth about as much as everything else on a 486 sitting in someone's basement is worth.
The other product is investment scams, which have approximately the best product market fit of anything produced by humans. In no age, in no country, in no city, at no level of sophistication do people consistently say "Actually I would prefer not to get money for nothing."
This product needs the exchanges like they need oxygen, because the value of it is directly tied to having payment rails to move real currency into the ecosystem and some jurisdictional and regulatory legerdemain to stay one step ahead of the banhammer.
