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Supreme Court Allows Appeal in MPID Act Deposit Dispute — High Court Erred in Treating Investment as Loan Transaction. The court held that amounts advanced with promise of interest constitute 'deposit' under Section 2(c) of MPID Act, and failure to repay amounts to 'fraudulent default' under Section 3.

The present appeal arises from a judgment of the Bombay High Court dismissing the appellants' Criminal Revision Application under the MPID Act. The ap...

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High Court of Karnataka Considers Quashing of Criminal Proceedings for Offences of Forgery and Cheating in Property Dispute; Private Complaint Alleged to Mirror Civil Suit for Possession

The High Court of Karnataka, Dharwad Bench, dealt with a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) s...

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Bombay High Court Allows Appeal in MPID Act Case — Quashes Attachment Order for Lack of Nexus with Crime. Property of Hotel Avion Private Ltd cannot be attached under Section 3 of Maharashtra Protection of Interest of Depositors Act, 1999 without direct link to alleged default.

The appellant, Hotel Avion Private Ltd, filed two criminal appeals challenging the attachment of its property under the Maharashtra Protection of Inte...

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Bombay High Court Allows Depositor's Appeal in MPID Act Case, Directs Release of Attached Property on Bank Guarantee. Court holds that Section 4 of MPID Act does not require deposit of entire amount claimed by depositor for release of property.

The case involves two appeals: Criminal Appeal No. 451 of 2020 filed by Rabibai Mohamad Ismail (appellant) and Criminal Appeal No. 88 of 2021 filed by...

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Bombay High Court Quashes Provisional Attachment Order and Show Cause Notice Under PMLA for Lack of Reasons. Show Cause Notice Under Section 8(1) of Prevention of Money Laundering Act, 2002 Must Contain Reasons for Belief of Offence Under Section 3 or Possession of Proceeds of Crime.

The petitioner, Brizo Reality Company Pvt. Ltd., filed a writ petition before the Bombay High Court seeking to quash a provisional attachment order da...

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Bombay High Court Dismisses Petition to Quash FIR for Cheating Against Educational Trust and Its Members. Disputed Questions of Fact Regarding Alleged Misappropriation of Funds and Breach of Agreement Cannot Be Adjudicated Under Section 482 CrPC.

The petitioners, including a public trust and its present and former managing committee members, sought quashing of FIR No. 31/2011 registered with th...