Probe Agency Order In Tech Mahindra Money Laundering Case, Set Aside

Probe Agency Order In Tech Mahindra Money Laundering Case, Set Aside

The agency provisionally attached the amount alleging that it was ill-gotten proceeds of Satyam Computers

Hyderabad: 

The Hyderabad High Court today set aside an Enforcement Directorate order provisionally attaching Rs. 822 crore worth of fixed deposits belonging to Satyam Computer Services Ltd, which was acquired by Tech Mahindra.

In 2012, the Enforcement Directorate (ED) had issued provisional attachment orders freezing fixed deposits of Satyam (now merged into Tech Mahindra) in connection with its probe in the money laundering case.

The agency provisionally attached the amount alleging that it was ill-gotten proceeds of Satyam Computers.

A bench of Justices V Ramasubramanian and J Uma Devi today set aside the ED’s orders.

Vivek Reddy, counsel for Tech Mahindra, told PTI they argued that there was no money when the Tech Mahindra took over the fraud-hit Satyam Computer Services Ltd (SCCL) in 2009 and on the other hand, the Mahindra group company had to infuse money to revive the B Ramalinga Raju-founded company.

“Our argument was that there was no proceeds of money when Tech Mahindra (TechM) took over the company (SCSL). There was no money in the company then and they (TechM) had to infuse money into the company.

“So where is the question of any ill-gotten money when the company had negative balance?” he said.

P V P Suresh Kumar, representing the ED, said the agency might approach the Supreme Court challenging the high court’s order.

“One of the strongest grounds (for an appeal in the top court) was that the CBI special court had earlier convicted Ramalinga Raju and brothers.”

“In view of that conviction, it clearly shows that there was a contravention of the Money Laundering Act and IPC provisions. In such a situation, the attachment order passed by the Enforcement Directorate was valid and correct, according to the contravention,” Mr Kumar said.

“The ED will approach the Supreme Court after going through the order copy,” he said.

Earlier, a single bench judge had stayed all further proceedings pursuant to the ED’s attachment order.

Challenging the single judge order, the probe agency had filed a writ appeal before a division bench.

The bench had in 2014 issued orders dismissing the ED’s appeal, saying the act of the agency was contrary to rules.

Tech Mahindra argued that it was a victim of fraud and no proceedings could go under the provisions of the PMLA against “victims of fraud”.

The ED had attached the accounts of SCCL as its probe claimed to have found that B Ramalinga Raju and his associates “wrongfully” offloaded inflated shares of the company by way of sale or pledging of shares.

[“source-ndtv”]

Facebook Says Will Appeal German Order to Delete WhatsApp User Data

Facebook Says Will Appeal German Order to Delete WhatsApp User Data

HIGHLIGHTS

  • German privacy regulator said Facebook was infringing data protection law
  • Facebook acquired WhatsApp in an effort to reach a younger audience
  • Facebook has its German headquarters in Hamburg

Facebook said it would appeal against an order by a German privacy regulator on Tuesday to stop collecting and storing data of German users of its messaging app WhatsApp and to delete all data that has already been forwarded to it.

The Hamburg Commissioner for Data Protection and Freedom of Information said Facebook was infringing data protection law and had not obtained effective approval from WhatsApp’s 35 million users in Germany.

(Also see: WhatsApp Is Going to Share Your Phone Number With Facebook)

“After the acquisition of WhatsApp by Facebook two years ago, both parties have publicly assured that data will not be shared between them,” commissioner Johannes Caspar said in a statement.

Facebook, the world’s biggest social network, bought WhatsApp for $19 billion (roughly Rs. 1,26,322 crores) in cash and stock in an effort to reach a younger audience.

“The fact that this is now happening is not only a misleading of their users and the public, but also constitutes an infringement of national data protection law,” Caspar added.

Facebook has its German headquarters in Hamburg and therefore falls under Caspar’s jurisdiction.

“We will appeal this order and we will work with the Hamburg DPA in an effort to address their questions and resolve any concerns,” it said.

The data watchdog said Facebook and WhatsApp were independent companies that should process their users’ data based on their own terms and conditions and data privacy policies.

EU and US regulators have said they would scrutinise changes to privacy settings that WhatsApp made in August.

(Also see: WhatsApp Directed by Delhi High Court to Delete User Data Collected Before September 25)

Italy’s data privacy watchdog said on Tuesday it had also opened a probe and had asked WhatsApp to explain what information it planned to share with Facebook and what was being done to explain to users how their data might be used.

© Thomson Reuters 2016

 

Tags: WhatsApp, Facebook, Encryption, Privacy, Apps, Social

 

[“Source-Gadgets”]

Centre Disobeying very best courtroom Order On Drought-Hit States: Yogendra Yadav

Centre Disobeying Supreme Court Order On Drought-Hit States: Yogendra Yadav

Swaraj Abhiyan chief Yogendra Yadav stated that no matter forecast of an awesome monsoon, farmers in drought-hit regions are not ready for the following sowing. (record photograph)
NEW DELHI: Swaraj Abhiyan leader Yogendra Yadav these days accused the Centre of “wilfully disobeying” aexcellent courtroom order at the thirteen drought-hit states inside the united states.

accepted get right of entry to to foodgrain in drought-affected regions has no longer befell anywhereand no kingdom is anywhere close to imposing this important directive for the mitigation of hunger. The union government isn’t always inclined to simply accept its obligation in this admire,” Mr Yadavinstructed the media at the click membership in New Delhi.

“The sabotage of MNREGA (Mahatma Gandhi national Rural Employment assure Act) scheme by using no longer freeing funds in time keeps in spite of scathing observations by using the perfect courtroom. Theancient verdict of the best court docket of the land is for this reason being disobeyed in a couple ofadmire,” the previous Aam Aadmi birthday party leader brought.

He stated that notwithstanding forecast of a terrific monsoon, farmers in drought-hit regions are notequipped for the following sowing on account that they have got not obtained crop-loss reimbursementor sparkling loans, no matter clear courtroom directive to religiously put into effect the authorities‘sguidelines in this regard.

Mr Yadav stated his Swaraj Abhiyan, in affiliation with Ekta Parishad, Jal Biradari and country wide Alliance of humans‘s moves, had organised ‘Jal-Hal’ yatra from Latur in Maharashtra to Mahoba in Uttar Pradeshamong can also 21 and 31.

comparable yatras were held in Telangana from June 2 to 4 and from Chambal to Bundelkhand among June 6 and 14 to evaluate the ground state of affairs.

“We call upon the vital government to put into effect the superb court docket orders in its letter and spirit.whilst the u . s . hopes and expects an awesome monsoon, it is critical to realize that manyconsequences of drought will not depart with top rains,” Mr Yadav said.

He stated drought remedy tracking throughout all 13 drought-hit states will be taken up and a reportoffered in the very best court docket while the case comes up for listening to on August 1.

WhatsApp Blocked in Brazil through courtroom Order, Affecting a hundred Million customers

WhatsApp Blocked in Brazil by Court Order, Affecting 100 Million Users

A Brazilian choose ordered wireless cellphone providers to block get entry to to fb Inc’s WhatsApp for 72hours for the duration of Latin the us‘s biggest u . s . a . on Monday, the second such flow in opposition to the popular messaging utility in five months.

The selection via the decide in the northeastern nation of Sergipe applies to the five primary wi-fioperators in Brazil and impacts WhatsApp’s extra than one hundred million customers in the us of a. Thecause for the order isn’t regarded because of legal secrecy in an ongoing case in the Sergipe nationcourt docket.

In a assertion, WhatsApp stated the company is “disenchanted at the choice” after doing the utmost to cooperate with Brazilian tribunals.

The decision “punishes more than a hundred million users who depend upon us to talk themselves, run their business and more, simply to force us surrender records that we don’t have,” the statement stated,with out elaborating.

It turned into the second time considering mid-December that the text message and net voice phonecarrier for smartphones has been the goal of a blocking order. A Sao Paulo nation decide ordered thecarrier be shut down for 48 hours on Dec. 15, after facebook didn’t comply with an order, althoughanother courtroom interrupted that suspension rapidly later on.

judge Marcel Maia Montalvao of Sergipe state is the same judge who in March ordered the imprisonment of a Brazil-primarily based facebook government for failing to comply with an tried block on WhatsApp. Hewas jailed and eventually freed.

Executives at the 5 carriers – Telefonica Brasil SA, América Movil SAB’s Claro, TIM Participacoes SA, Oi SA and Nextel Participacoes SA – did now not have a right away comment.

© Thomson Reuters 2016

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