JUDGEMENT OF THE HON’BLE SUPREME COURT OF INDIA IN THE CASE TITLED “SERIOUS FRAUD INVESTIGATION OFFICE VS. NITTIN JOHARI & ANR, (2019) 09 SC CK 0032” CONCERNING OFFENCES UNDER PREVENTION OF MONEY LAUNDERING ACT
NAME MOBILE NO. E-MAIL I’D RANJEET KUMAR 8383098478 , 9667769795 rk@courtkutchehry.com JAI THAKUR 8130703334 , 9355723300 jai.thakur@courtkutchehry.com RAJEEV RANJAN 9334553249 rajiv.ranjan@courtkutchehry.com ASHOK MISHRA 9718327746 sales@courtkutchehry.com RAVI KUMAR ravi.singh@courtkutchehry.com Serious Fraud Investigation Office vs. Nittin Johari & Anr, (2019) 09 SC CK 0032 PARA NO. 8 With respect to the twin mandatory conditions under Section 212(6)(ii) of the Companies Act, learned Senior Counsel highlighted that in Nikesh Tarachand Shah (supra), Section 45 of the PMLA had been held unconstitutional not only under Article 14, but also under Article 21 of the Constitution, as the said section made drastic inroads into the fundamental right of liberty without there being a compelling state interest. However, without going into the question of the constitutionality of Section 212(6) of the Companies Act...