Banking Regulation Act, 1949, Section 6 -- Unauthorised withdrawal from accounts of customers - Liability of bank - SMS alerts cannot be the basis for determining the liability of the customer unless there exists a specific term in the contract between a bank and its customer to the effect that the bank would be exonerated from the liability in connection with the..........
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...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Service -- Voluntary abandonment of service - Admittedly, Bank has provided 4 alternative positions which are at par with existing pay scale and emoluments of appellants - However, appellant refused to accept any of them - Conduct of appellant constitute voluntary abandonment of service as appellant herself declined to accept various offers of service in the Bank...........
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,..........
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 - Transaction took place prior to year 1998 - In year 2018, an officer who swears to an affidavit, will be speaking only from the facts as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Three complaints - One complaint was dismissed and two complaints were accepted by trial Court - Petitioners not denied issuance of cheques, signatures thereon and that bank account does not belong to them - Complainant thus, not liable to be no, suited on technical grounds - Findings of Courts..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Evidence Act, 1872, Section 73 -- Disputed signatures - Comparison of disputed signatures with admitted signatures by Court - Signatures on Bank account opening form - Opening of Bank account is not disputed - However, there is none to certify or state that he saw deceased putting his signatures on said form - Said signatures on Bank account opening form therefore, cannot..........
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..........
