Banking Regulation Act, 1949, Section 6 -- Unauthorised withdrawal from accounts of customers - Liability of bank - If a customer suffers loss on account of the transactions not authorised by customers, bank is liable to customer for the said loss...........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 19, Debt Recovery Tribunal (Procedure) Rules, 1993, Rule 12(9) -- Recovery of debt - Application seeking cross-examination of bank`s witness by borrower - Cross-examination is necessary only of such witnesses who speak of facts that they are personally aware of - Witnesses like officers of bank,..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 409, Essential Commodities Act, 1955, Section 3, 7 -- Anticipatory bail - Offence u/ss 420, 409 IPC and Ss.3, 7 of Essential Commodities Act - Accused was running a rice mill and failed to return required quantity of rice after custom milling - State permitted to attach all the immovable..........
Transfer of Property Act, 1882, Section 54, 55(4)(b), 8 -- Registered sale deed - Setting aside - Sale consideration paid through cheque which was duly encashed and the amount was credited in the accounts of vendors - Amount remained in the account of vendors for nine months - After nine months CBI stopped the bank of vendors from disbursing the said amount deposited by..........
Evidence Act, 1872, Section 65(f), 65(e) -- Secondary evidence - Photocopies of documents - Photocopies exhibited are not public documents - They all are communications between parties and accounts maintained by bank - S.65(e) of the Act thus, not applicable - Though seal and signature of Manager on those photocopies mentioned it as certified copies, in fact it does not..........
Criminal Procedure Code, 1973, Section 102, Indian Penal Code, 1860, Section 406, 420, 120B, Information Technology Act, 2000, Section 72A -- Seizure of bank account by I.O - Offence u/ss 406, 420, 120-B and S.72-A of I.T. Act - Two trusts run by accused were actively involved in collecting huge funds as donation in name of providing legal assistance to Gujarat Riots..........
Indian Penal Code, 1860, Section 406, 467 -- Misappropriation of funds of Club - Allegation that accused by projecting himself as President of club operated bank accounts of club for personal use and misappropriated the funds of club - However, evidence on record shows that accused was fully entitled to operate the bank account and action performed by accused regarding..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 17, 13 -- Stay from dispossession - Issuance of notice u/s 13(4) of the Act - Borrower paid amount as demanded by bank for regularization of accounts - Stay from dispossession granted - However, order does not prejudice the banks right in event of their being..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR and de-freezing of bank accounts - Application not pressed and disposed of as withdrawn - Another application, for the same relief, held, not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the balance in bank accounts and..........
