Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that bank account was already closed - Cheque returned with bank endorsement `insufficient funds' - If account was closed, there was no occasion for Bank to return cheque with said remarks...........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3) -- Rent and eviction - Non-payment of rent - Partial surrender of premises - Split up tenancy arrangement sought for by bank and partial surrender of first floor and second floor of tenanted premises was per se illegal and wrong therefore, bank is liable to pay rent taking monthly rent of tenanted..........
Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), Civil Procedure Code, 1908, Section 34 -- Non-payment of rent - Interest - Non-payment of rent to landlady for such a long period caused undue hardship to her and unfair advantage to bank by keeping possession of entire tenanted premises without paying actual rent - Bank directed to pay arrears..........
Maharashtra Cooperative Societies Act, 1960, Section 109 -- Termination of liquidation proceedings - Whether recovery proceedings closed on such termination - Merely on liquidation of Society or factum that period of liquidation is over, liability of members for loans cannot be said to have been wiped off, particularly when Bank itself is prime lender cum liquidator,..........
Indian Penal Code, 1860, Section 420, 406, 467, 468, 471, 120B -- Cheating - Agreement to sell - Dispute cannot be said to be civil nature as on the date of agreement to sell property was already mortgaged with bank which fact was concealed - Fact that accused surrendering land with Municipal Council and obtaining patta for said land was also concealed by accused - No..........
Criminal Procedure Code, 1973, Section 482, 156, 200, Indian Penal Code, 1860, Section 420 -- Quashing of criminal proceedings - After execution of agreement to sell and payment of complete consideration amount, original complainant came to know that disputed property was mortgaged with bank and hence he filed case for cheating - However, complainant himself paid mortgage..........
Hindu Marriage Act, 1955, Section 25 -- Permanent alimony - Right of residence claimed by wife - Entire case of wife is not to stay with husband but a residence for herself - Husband is a retired bank employee and getting monthly pension of Rs.14,000 - Keeping in view the financial status of husband, husband directed to pay Rs.17,50,000 to wife as one time permanent..........
Indian Penal Code, 1860, Section 306 -- Abetment of suicide - In the suicide note only allegation against two of the bank employees that they have made account NPA as a result of which deceased could not continue his business - No material in the suicide note with regard to any averment or instigation - Continuation of proceedings against employees of bank who are secured..........
Motor Vehicles Act, 1988, Section 50, 147, 149 -- Theft of vehicle - Liability of insurance company - Purchase of vehicle in auction by Bank - Certificate of possession issued by bank - Insurer was specifically informed by Bank which held a lien on insurance policy of lifting its lien following termination of agreement of hypothecation - Following this, premium for..........
Central Civil Service (CCA) Rules, 1965 - - Pro-rata pension - Voluntary retirement - Employee who has completed minimum period of 15 years of service is entitled for pension as per Regul.28 - Respondent who completed 11 years of service in Bank, is not covered by Regul.28, thus, not entitled to pro-rata pension...........
