Lawsikho

Exercises

Draft a legal opinion for queries under the PMLA
Draft a reply to show cause notice issued for attachment of property under the PMLA
Draft a bail application for an accused under the PMLA
Draft a reply to bail application under the PMLA
How to file an appeal before the Appellate Authority against an adverse order in an attachment proceeding
How to file a counter affidavit/reply to an appeal challenging attachment
Drafting questions for examination in chief and cross in a PMLA trial
Prepare final arguments for a trial under the PMLA
How to draft an appeal before the HC in a proceeding arising out of PMLA
How to file a writ petition challenging an attachment order before the HC
How to draft a private complaint before Magistrate under the PC Act
How to draft a complaint under the PC Act for initiation of proceedings
How to draft a reply to a complaint under the PC Act
How to challenge grant of sanction under the PC Act
How to draft a bail application in a PC Act
How to draft an appeal against a bail rejection in a PC Act
Draft a demand notice under NI Act for cheque dishonour
Draft a reply to a demand notice under NI Act for cheque dishonour
Draft a complaint under NI Act for cheque dishonour
Draft a reply to a complaint under NI Act for cheque dishonour
Prepare questions for examination in chief and cross for trial in a cheque dishonour case
Draft final arguments for trial in a cheque dishonour case
How to Reply to a SCN issued by Assessment Officer under the Income Tax Act
How to reply to a SCN issued by Adjudicating Authority for discrepancy in tax returns
How to reply to a SCN issued by Adjudicating Authority for refusal of Input Tax Credit and transitional credit
How to file an appeal against an order passed by the Adjudicating Authority under GST
Draft a challenge to be a filed before an anti profiteering authority
Draft a writ petition to be filed before HC to quash criming proceedings arising out of tax evasion
How to file a reply to a writ petition on behalf of the department
How to draft a reply to a SCN issued by customs department
How to file an appeal to be filed before CESTAT
How to draft a reply to a SCN issued by SEBI
How to draft an appeal to be filed before Securities Appellate Tribunal
How to file challenges against adjudication in insider trading cases
How to draft a complaint for initiation of proceedings under the BNS
How to draft a Discharge Application under the BNS
How to draft an application to quash proceedings under the BNS
Drafting SLP in the Supreme Court in a white collar offence under BNS
Drafting a counter affidavit in a white collar offence under BNS
How to reply to a SCN issued for Benami properties
How to challenge attachment of properties under the Benami Properties Act
How to file an appeal from order of the Adjudicating Authority under the Benami Properties Act
How to file an SLP against a bail rejection order

Learning Objectives

How to identify different kinds of white collar offences under various statutes
How to advise and represent your client in different kinds of situations, and different strategies to deploy in white collar crimes
How to identify courts which have jurisdiction to try specific offences for white collar crimes
Learn about special courts such as the PMLA Courts or special courts under the PC Act
Learn about functioning of bodies such as Enforcement Directorate, SFIO, EOW, SEBI
Learn about the procedural differences between regular criminal trials and trials before Special Courts
Learn what are the maximum sentence that different courts can award
Identify how to draft and file a police complaint in a case of corruption
Learn how to draft and file a private complaint before a magistrate in a white collar offence
How and under which circumstances you can get criminal proceedings in white collar offences quashed
How to prevent your client from arrest in a white collar investigation
How to obtain bail for your client in a money laundering investigation
How to obtain bail for your client under the Prevention of Corruption Act
What to do when a bail application is rejected in white collar proceedings
How to file a fresh application for bail in respect of change of circumstances if your bail was rejected earlier
Various steps and stages in a white collar trial
How to challenge attachment of property of your client by the Enforcement Directorate before the Adjudicating Authority?
How to appeal against the decision of the Adjudicating Authority before the Appellate Authority under the PMLA?
How to get your client discharged in a white collar trial?
How to draft and file appeals and revisions from various orders under the PMLA
How to draft a demand notice under the Negotiable Instruments Act?
How to draft a complaint before the Magistrate under the Negotiable Instruments Act?
How to conduct trials under the NI Act
How to draft and file appeals and revisions from various orders under the PC Act
How to draft a Special Leave Petition in a white collar offence?
How to defend your client in criminal prosecutions under the Income Tax Act and the GST Act?
Proceedings under the customs act and appellate mechanism
How to represent your client before the Benami Authority
How to represent your client before the SEBI and Securities Appellate Tribunal

Syllabus

PREVENTION OF MONEY LAUNDERING ACT

Identifying offences under the Prevention of Money Laundering Act (PMLA) Understanding how proceedings are initiated under the (PMLA) Predicate offences and proceeds of crime Scheduled offences under the Act Understanding why and how Show Cause notices are issued and replying to them Provisions for bail in PMLA and how to draft an effective bail application Quashing of offences Attachment of property and challenging provisional attachment orders Appeals from orders of adjudicating authority of PMLA against attachment of property Tendering of Evidence & Chief and Cross Examination under PMLA Pre Litigation & Litigation strategies in PMLA Revisions & Appeals under PMLA Trials before the designated Special Court

PREVENTION OF CORRUPTION ACT

Introduction to Anti-Corruption laws in India Identifying Offences and Punishments under the PC Act Initiation of proceedings and learning how to draft a Complaint under PC Act Investigation process under the Act How to defend your client after arrest under the PC Act Understanding the concept of sanctions under the PC Act How to draft and argue a Bail Application under PC Act Regulatory proceedings before the Authority Conducting trials before special court under the Act Appeals and revisions under the Act

NI ACT

Understanding the applicability of the NI Act and dishonour of cheques and other instruments Timelines for initiation of proceedings under the NI Act How to draft a Demand Notice and Reply under NI Act for dishonour of cheques How to draft a Complaint under NI Act How to appear for your client in a cheque dishnour case: for and against Trials under the Act for dishonour Appeals and revisions under the Act

TAX EVASION & TRADE PRACTICES

Scope and applicability of the Income Tax Act in the context of white collar crimes Offences and Prosecutions under Income Tax Act Defending your cilent for alleged commission of offences under the Income Tax Act How has the Government dealt with Black Money and Unaccounted Income Applicability of the Black Money Law The Goods and Service Tax Act and applicability of the same Different types of offences under the GST Act How to defend your client in offences under the GST Understanding show cause notices and learning how to draft proper replies to them Criminal proceedings arising out of tax evasion under the GST and how to defend your client against them Provisions related to Anti profiteering and how to appear before the concerned authority Appeals arising out of GST and Income Tax Acts How to defend your client in Customs Act related offences How to file a writ petition for quashing criminal proceedings related to tax evasion Provisions and offences under the SEBI in relation to insider trading Understanding Show cause notices issued by SEBI and how to reply to them Offences under the Companies Act Initiation of proceedings by the Central Government for offences under the Companies Act Criminal proceedings for offences arising out of the Companies Act Investigations undertaken by the SFIO in Companies Act matter Trials before Special Courts for offences arising out of Companies Act

WHITE COLLAR OFFENCES UNDER THE NEW CRIMINAL LAWS

Identifying the White Collar offences under the IPC and the BNS How to draft a police complaint in a WC offence How to draft a Private Complaint before a Magistrate against the commission of a WC offence How to draft a regular Bail Application for a WC offence How to draft a Quashing Petition before the High Court for a White Collar offence Appeals and Revision under the CrPC/BNSS

BENAMI TRANSACTIONS

What are benami properties Authorities under the Benami Transactions Act Offences and penalty provisions Powers of the Initiating Officer, Adjudicating Authority and the Administrator How are regulatory proceedings heard before the Authority Appeals under the Benami Transactions Act and framing substantial questions of law