Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - The thrust of S.138 proviso (a) of the Act is to the `presentation' of cheque to `the bank' which obviously is the drawee bank and not any other bank as payee wishes - But thrust of S.138 proviso (b) of the Act is to the date of receipt of information regarding dishonour by payee...........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Security Interest Enforcement Rules, 2002, Rule 8(5), 8(6), 9(2) - - Sale of secured assets - Single judge of High Court after holding that sale in question was invalid directed making of payments by respondent Nos.1 and 2 to respondent No.3 bank with clear..........
Negotiable Instruments Act, 1881, Section 138, 139, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash loan of Rs.31 lakhs - Acquittal of accused on the grounds : (a) Neither complainant nor his wife produced their respective income tax returns; (b) Failure to disclose income prior to advancing loan; (c) difficult to accept that complainant was in a position..........
State Bank of Patiala (Officers') Service Regulations, 1979 -- Extension of service - Unless an extension is granted by a positive or an affirmative act by competent authority, an officer of Bank retires on attaining age of 58 years or upon completion of 30 years of service, whichever occurs first...........
Service -- Removal - Back wages - During continuance of disciplinary proceeding delinquent officer was not put under suspension - After order of punishment passed by disciplinary authority and affirmed by appellate authority was quashed by High Court on 22.05.1998, concerned officer has to be treated to be in service from his date of first removal till his date of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 120, 420 -- Quashing of proceedings - Accused charged with offences u/ss 120B/420 IPC - Held, offence u/s 420 IPC is compoundable - But offence u/s 120B is not compoundable - Liability to make good monetary loss suffered by bank had been mutually settled between parties - High Court rightly..........
Indian Penal Code, 1860, Section 302, 120B -- Murder - Circumstantial evidence - Accused allegedly killed deceased who had come with hope that their money would be multiplied - Fact that accused had deliberately spread news that one of them had supernatural power to multiply money proved on record - Evidence on record shows that accused had arranged lodge for deceased and..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Dead body found on the bank of river and was eaten by animals - Age of dead body is completely inconsistence with age of Smt.Rema - Sari, slippers and torch were found on the river bank by villagers but these villagers have not been produced - No recovery memo of these items was ever..........
Service -- Disciplinary proceedings - Imposition of major penalty - Serious allegation against delinquent employee - At initial stage Bank considered to impose minor penalty - However, after receipt of CVC report major penalty imposed on delinquent without supplying him copy of said report - Held, any material which goes into decision making process against an employee..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Permission of Court to sell minor's property - Requirement for selling property is for upkeep, maintenance and educational expenses of minor - Such facts show sufficient necessity for selling the property, more so because petitioner is a natural mother of the minor and will sufficiently protect the interest of the..........
