Consumer Protection Act, 1986, Section 21(b) -- Revision - National Commission itself had exceeded its revisional jurisdiction by calling for report from Bank and solely relying upon such report had come to conclusion that two fora below had erred in not undertaking requisite in-depth appraisal of case that was required - However, both State Commission as well as consumer..........
Service -- Banking service - Misconduct - Dismissal - Respondent being employed in a Bank as a clerk-cum-cashier, fraudulently and dishonestly opened savings account in joint names of himself and his sister-in-law by forging her signatures and encashed a demand draft issued in favour of his sister-in-law - Inquiry officer opined while observing admitted signatures in..........
Constitution of India, 1950, Article 226, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Writ petition - Maintainability - Proceedings under SARFAESI Act - If proceedings are initiated under SARFEASI Act and any proposed action is to be taken and borrower is aggrieved by any of actions of private bank,..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Order of release modified to the extent that instead of furnishing bank guarantee of 10 lacs, vehicle be released on Superdari subject to furnishing requisite supurdagi bond and surety bond for the said amount...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Grant of benefit of One Time Settlement (OTS) to borrower - No writ of mandamus can be issued by High Court in exercise of powers u/art 226 of Constitution, directing a financial institution/bank to positively grant benefit of OTS to a borrower...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - All transactions have taken place at Bijapur - No doubt, accused is residing at Bagalkot and the same will not confer any jurisdiction - Moreover, merely because accused is having corporation bank account at Bagalkot, the same will not confer any jurisdiction...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioners that their bank account statements and their concerns to support the contention that they are not financially capable to make pre-deposit - Plea held, not tenable as mere balance of bank account cannot..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
