Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Central Service Co-operative Bank - Plea that Co-operative Bank does not fall within definition of `Banker' u/s 3 of the Act as it is not licensed by Reserve Bank of India - Supreme Court has emphatically held that essence of "banking" lies in the acceptance of deposits from the public repayable on..........
Service -- Appointment - Candidate figuring in waiting list cannot claim a better right than those who find place in select/merit list - He/she, therefore, can claim only as much as governing rules relating to recruitment enable or permit, more particularly when life of a waiting/reserve list is limited...........
Service -- Appointment - Candidate in waiting/reserve list - Illegality in recommending some of candidates figuring in reserve list could not have been made basis for issuance of a writ of mandamus citing Art.14 of Constitution...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are multiple issues and if burden of proving some of issues is on defendant in such a case O.18.R.3 CPC gives an option to plaintiffs either to produce evidence on those issues or to reserve it by way of answer to evidence produced by other party - When plaintiff exercises such option, he can..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Right to reserve the right to lead rebuttal evidence arises only if some of issues place burden on other party...........
Evidence Act, 1872, Section 45 -- Expert opinion - Comparison of disputed signatures on Will - Plaintiff wants to disprove the Will which is filed at the end of trial by defendant - He reserve his right to produce documents which were subsequently produced - Since plaintiff disputes very execution of Will and in order to disprove the same, he filed an application to send..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff led evidence on those issues also the burden of proof of which was on the defendants - Since burden is on defendants in relation to certain issues, plaintiffs have every right to reserve their right to adduce evidence in rebuttal...........
Prevention of Corruption Act, 1988, Section 2(c), Banking Regulation Act, 1949, Section 460A, Indian Penal Code, 1860, Section 21 -- Public servant - Managing Director and Executive Director of a banking company operating under licence issued by Reserve Bank of India, are public servants, as such they cannot be excluded from definition of `public servant'...........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
