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Karnataka High Court Examines Legality of Arrests by Enforcement Directorate in Money Laundering Case After Predicate Offence Closed. Petitioners Allege Violation of Section 19 of PMLA and Fundamental Rights, Challenging Custody Remand Orders.

The three writ petitions, heard together, challenged the legality of the arrest and subsequent custody remand orders of the petitioners, who were dire...

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Bombay High Court at Goa Quashes Criminal Proceedings in Section 409 IPC Case Due to Lack of Sanction Under Section 197 CrPC. Petitioner, a public servant, was prosecuted for criminal breach of trust without prior sanction as required under Section 197 CrPC, rendering the proceedings invalid.

The petitioner, Shri Babruwan Kinalkar, was a conductor employed by the Kadamba Transport Corporation Limited (respondent no.2). The State (respondent...

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Bombay High Court Quashes Criminal Proceedings in Cheating Case Due to Civil Dispute — Allegations of Cheating and Forgery Not Maintainable When Dispute is Purely Civil in Nature.

The applicant, Dr. Sandeep Gujar, filed a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 26.1...

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Bombay High Court Quashes Process in Cheating Case Against Company for Non-Payment of Maturity Amount Under Investment Scheme — Failure to Repay Loan Does Not Attract Section 420 IPC Without Deception at Inception.

The petitioner, Sol Pharmaceuticals Ltd., a company incorporated under the Companies Act, 1956, challenged an order dated 3.6.2003 passed by the learn...

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Bombay High Court Dismisses Petition to Quash Summons in Partnership Dispute — Allegations of Cheating and Criminal Breach of Trust Under Sections 420, 406 IPC. Court holds that prima facie case exists for trial, refusing to interfere with lower court orders.

The petitioners, Ramesh Dadarao Bagdure and Omprakash Satyanrayan Baheti, filed a Criminal Writ Petition before the Bombay High Court, Aurangabad Benc...

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Bombay High Court Quashes Criminal Proceedings Against Accused in Cheating Case Due to Civil Nature of Dispute and Lack of Criminal Intent. Failure to Perform Contractual Obligation Does Not Attract Offences Under Sections 406, 420, 120B IPC Without Evidence of Dishonest Intention at Inception.

The judgment arises from a criminal application and writ petition filed by Mahendra Premji Gangar and Kalyanji Premji Gangar (applicants/petitioners),...