Maintainability of a Section 7 insolvency petition against a financial service provider denied; appeal dismissed for non maintainability and complex d...
Provisional attachment under Prevention of Money Laundering Act requires exhaustion of statutory remedies; impugned order set aside, appeal to tribuna...
Restoration of property under Prevention of Money Laundering Act after attachment dispute rendered academic; possession directed to successful resolut...
A flat-booking dispute was treated as a civil and monetary controversy, not a criminal case, where the parties later mutually converted the advance into a loan. As there was no prima facie material of false inducement at the inception, the cheating and criminal breach of trust allegations were held unsustainable and the proceedings were quashed. The forgery allegations also failed because the alleged forged municipal sanction papers surfaced only years after payment, with no nexus to the initial transaction and no material showing preparation of a false document or dishonest intention. The objection based on an earlier interim order was rejected because interim protection did not bind final adjudication.
A flat-booking dispute was treated as a civil and monetary controversy, not a criminal case, where the parties later mutually converted the advance into a loan. As there was no prima facie material of false inducement at the inception, the cheating and criminal breach of trust allegations were held unsustainable and the proceedings were quashed. The forgery allegations also failed because the alleged forged municipal sanction papers surfaced only years after payment, with no nexus to the initial transaction and no material showing preparation of a false document or dishonest intention. The objection based on an earlier interim order was rejected because interim protection did not bind final adjudication.
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