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Supreme Court Quashes Criminal Proceedings in Family Property Dispute — Allegations of Criminal Breach of Trust and Cheating Not Made Out. Transfer of Money Between Relatives Without Entrustment or Deception Does Not Attract Sections 405, 406, 415, 420 IPC.

The appeal arose from a judgment of the Karnataka High Court which rejected the appellants' petition to quash criminal proceedings initiated by the fi...

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Bombay High Court Dismisses Petition Challenging Search Warrant Under Section 132 of Income Tax Act, 1961 — No Violation of Natural Justice as Assessee Was Heard Before Assessment Orders Were Passed.

The petitioner, Hemendra Ranchhoddas Merchant, an erstwhile partner of a dissolved firm and now proprietor of M/s. Sriram Warehousing Corporation, fil...

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Supreme Court Allows Banks' Appeals in RBI Fraud Classification Case Regarding Natural Justice Requirements. Court Holds No Absolute Right to Personal Hearing or Full Forensic Audit Report Disclosure Under RBI Master Directions Issued Under Section 35A Banking Regulation Act, 1949.

The dispute arose from the classification of loan accounts as 'fraud' by banks under the Reserve Bank of India's Master Directions. The appellant bank...

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Bombay High Court Quashes Interception Orders of Petitioner in Indian Telegraph Act Case Due to Absence of Public Emergency or Interest of Public Safety. The Court Held That Telephone Interception Without Proper Statutory Compliance Violates Right to Privacy and Intercepted Material Must Be Destroyed.

The petitioner, a businessman, challenged three orders dated 29 October 2009, 18 December 2009, and 24 February 2010, by which his telephone calls wer...

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Bombay High Court Grants Bail to Accused in Cheating and Forgery Case Citing Parity and Long Incarceration. Investigation Complete, No Custodial Interrogation Required Under Section 439 CrPC.

The judgment pertains to bail applications filed by three applicants — Aditya Avinash Sood, Arunkumar Devnath Singh, and Vishal SurendraKumar Agarwa...

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Bombay High Court Quashes Criminal Proceedings Against Directors and Officers in Cheque Dishonour Case Due to Absence of Specific Allegations. Vicarious Liability Under Section 138 of Negotiable Instruments Act, 1881 Requires Specific Averments of Role in Issuance of Cheque.

The petitioners, including M/s. GIC Housing Finance Ltd. and its directors/officers, filed a writ petition under Article 226 of the Constitution read ...

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High Court of Karnataka Dismisses Appeal in Specific Performance Suit — Refund of Earnest Money with Interest Upheld. Appellant failed to prove readiness and willingness to perform contract under Specific Relief Act, 1963.

The appellant, Y.V. Aparna, filed a suit for specific performance of a contract for sale of immovable property against the respondents. The trial cour...

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High Court of Karnataka Quashes FIR in Criminal Breach of Trust Case — Dispute Found to be Purely Civil in Nature. Allegations of Dishonest Misappropriation of Sale Consideration Under Sections 403, 406, 420 IPC Do Not Disclose Any Criminal Offence as Transaction Was Consensual and Civil.

The petitioners, who were accused Nos. 1 and 2, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking qua...