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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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Bombay High Court Quashes FIR in Cheating Case Due to Civil Nature of Dispute — Directors of Bullion Firms Not Liable for Criminal Breach of Trust. Dispute Over Gold Loan Repayment and Return of Gold Bars Held to Be Purely Civil, Not Attracting Sections 406, 420 IPC.

The applicants, directors of Banka Bullions and G.K. Trexim, filed an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) see...

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Bombay High Court Dismisses Petition Seeking Fair Investigation in Bank Fraud Case — No Direction to Transfer Investigation to CBI or ACB as Petitioner Not an Aggrieved Party Under Section 154 CrPC. Third-party social worker lacks locus standi to seek transfer of investigation after charge-sheet filed.

The petitioner, Sadashiv Ambadas Gaike, a social worker, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking a direc...

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Bombay High Court Quashes Criminal Proceedings in Cheque Dishonour Case Due to Civil Nature of Dispute — Agreement for Sale Not Attracting Section 138 NI Act. Dispute Pertained to Dishonour of Cheque Issued as Security in Property Transaction, Not for Discharge of Legally Enforceable Debt.

The petitioner, Shyamsunder Radheshyam Agarwal, entered into an agreement with respondent no. 2, Bhupendra Ghisulal Borana, on 27.10.2009 for the sale...

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Bombay High Court Dismisses Petition Seeking Transfer of Investigation in Murder Case — No Grounds Made Out for Transfer to CBI or CID. Court held that investigation was proceeding fairly and no mala fides established against investigating officer.

The petitioners filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of mandamus to transf...

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Supreme Court Examines Vires of Tribunals Reforms Act, 2021 Amidst Concerns Over Judicial Independence. Petitioners Argue That Provisions on Appointment, Tenure, and Removal of Tribunal Members Undermine the Constitutional Balance of Power.

The judgment involves a batch of writ petitions challenging the vires of the Tribunals Reforms Act, 2021. The petitioners, led by the Madras Bar Assoc...