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Bombay High Court Allows Writ Petition in Cyber Fraud Case — Directs Bank to Refund Rs. 76.9 Lakhs Under RBI Circular. Unauthorized Addition of Beneficiaries and Absence of OTP Constitute Deficiency in Service Under RBI Circular Dated 6 July 2017.

The petitioners, a director and a closely held family company, maintained a bank account with Respondent No. 2 for 15-20 years. On 1 October 2022, unk...

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Bombay High Court Allows Appeal Against Dismissal of Interim Injunction in Share Dispute Case. Court Restrains Transfer of Shares Allegedly Misappropriated Pending Suit, Holding That a Prima Facie Case of Fraud and Breach of Trust Was Made Out.

The appellant, Pushpanjali Tie Up Pvt. Ltd., filed a suit alleging that respondent No.1, Renudevi Choudhary, and respondent No.2, Ekta Choudhary (her ...

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Bombay High Court Dismisses Appeal Seeking Confirmation of Share Transfer in Wound-Up Company Due to Inordinate Delay and Lack of Evidence. Section 536(2) of Companies Act, 1956 requires timely application and proof of bona fide transfer before winding up order.

The appellant, Rathnam P.V., filed an appeal against the order of the Company Judge dismissing his application under Section 536(2) of the Companies A...

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Supreme Court Quashes Criminal Proceedings in Loan Dispute, Distinguishes Civil Breach from Criminal Offence. Court holds that mere inability to repay loan does not constitute cheating or criminal breach of trust without fraudulent intention from inception.

The Supreme Court allowed an appeal against the Gujarat High Court's order dismissing a petition to quash criminal proceedings. The appellant, a retir...

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NCLAT Dismisses Appeal of Former Director in Fraudulent Trading Case Under Section 66 IBC. The Tribunal upheld the finding that the appellant siphoned funds and engaged in wrongful trading during liquidation of Easytech Global Private Limited.

The present appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) was filed by Mr. Gopal Kalra, the erstwhile director of M/s Easy...

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High Court Quashes FIR Against Landowners in Cheating Case, Holds Civil Dispute Not Criminal. FIR Quashed as Civil Suit for Specific Performance Already Pending; No Criminal Intent Found Under Sections 406 and 420 IPC.

The dispute pertained to an agricultural land transaction where the accused persons had entered into a notarized agreement to sell dated 10th March 20...