Loan -- Loan for purchase of vehicle taken from a private company - Default in repayment - Forcible possession of vehicle - Writ against - Writ cannot be issued against a private body and its agents - Ratio of law that Bank has to resort to the procedure recognized by law to take possession of the vehicle and in case Bank commits any violation or commits an offence, it is..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Deposit Insurance and Credit Guarantee Corporation Act, 1961, Sections 2(g), 16(1), 17 and 18 - Capital Insurance cover - Liquidation of cooperative bank - Liability of petitioner DICGC - As per the provisions of the DICGC Act each depositor who had made deposit of Rs.1 lakh and above entitled to be paid only Rs.1..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Deposit Insurance and Credit Guarantee Corporation Act, 1961, Sections 2(g), 16(1), 17 and 18 - Capital Insurance cover - Liquidation of cooperative bank - Liability of petitioner DICGC - As per the provisions of the DICGC Act each depositor who had made deposit of Rs.1 lakh and above entitled to be paid only Rs.1..........
Indian Penal Code, 1860, Section 415, 420, 34 -- Cheating - mens rea - Accused a branch manager of bank allegedly caused wrongful loss to bank in granting advances to firm - No evidence to prove dishonest intention of accused to obtain any illegal gratification from concerned firm - Ingredients of fraudulent and dishonest intentions on the part of accused not proved beyond..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India - Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India -Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Post Office - PPF account - In the name of HUF - Continuance of account beyond a specified date of 31.12.2005 was in contravention of Rules notified by Government of India -Bald plea made on behalf of petitioner that the account was opened in the name of HUF and this contract was not binding on the Government - Held that..........
Banking service -- Cheque loss - Compensation - In case of loss of Cheque presented with Bank, the person presenting it, unless shown that the amount had been debited to the account of the person who had issued the Cheque, was not entitled to compensation or claim the amount of the loss of Cheque - However, to mitigate the sufferings of the person aggrieved, adequate..........
Banking service -- Cheque loss - Compensation - In case of loss of Cheque presented with Bank, the person presenting it, unless shown that the amount had been debited to the account of the person who had issued the Cheque, was not entitled to compensation or claim the amount of the loss of Cheque - However, to mitigate the sufferings of the person aggrieved, adequate..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Held, payee of cheque has the option to present the cheque in any bank including the collecting bank where he has his account - But to attract criminal liability of drawer of cheque such collecting bank is obliged to present cheque in drawee or payee bank on which cheque..........
