Lien

Joint Fixed Deposit – “either or survivor”- lien

banking service – Bank norms – Joint Fixed Deposit Receipt – Was payable to “either or survivor” – Bank appropriated the amount against the liability of one holder to the Bank – contract in respect of the joint account was between the respondent bank and the husband and wife – The fixed deposit was not a debt due by the bank to husband alone which could be set off by the bank against any claim that the Bank may have against the husband – Right of the wife could not have been taken away – District Forum directed the Bank to pay half of the matured amount together with interest at 17% per annum thereon as well as Rs.3,000/- towards mental agony suffered and costs Rs.1000/- – Award upheld – consumer protection act, 1986 (68 of 1986) S. 2(g).

(2005) 139 PLR 385 (SC)

Download / Print

Tags: Banking, CPA S. 2(g), FDR, Fixed Deposit, Lien

Tags: Banking CPA S. 2(g)FDR Fixed Deposit Lien

NDPS S. 2 (viia) read with the notification S.O. No. 1055 (E) dated 19/10/2001 , Section 37, 52A – “commercial quantity” – Weight Adjustment due to Drying – Weight recorded during inventory before the Magistrate considered – Bail Consideration for Multiple Accused. [PLRonline 413680]

[SC] CPC O. 7 R. 11 – Civil Procedure Code, 1908 – Order 7 Rule 11 – Assessment of Plaints – Court should not engage in assessing the correctness or merits of the plaint’s averments – Court made an error by partially rejecting the plaint . [PLRonline 416680]

[SC] Insurance – Surveyor’s report – Not relied – Reliance by surveyor on forensic report – Claim payable.

[SC] Insurance – Surveyor’s report, though important, is not absolute and not binding on the parties – It is not that sacrosanct that it cannot be departed from; it is not conclusive. [ PLRonline 368351]

IT Act S. 67(A) – Posted on Instagram 4-5 pictures of petitioner kissing the complainant on her cheek – Bail granted. [2022 PLRonline 0595]

NIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]

CrPC S. 438 – extra-territorial anticipatory bail.

Insurance – Insurer assumes a fiduciary duty to act in good faith and honour their commitment. This responsibility becomes particularly pronounced when the insured, in their actions, have not been negligent. [SupremeCourtOnline 448604 ]

Criminal Procedure Code, 1973 Section 482 – Evidence Act, 1872 Section 27 – Expert report not produced – Mixing of petrol/diesel – Proceedings quashed. [SupremeCourtOnline 445604]

NIA S. 143-A (2) – Interim compensation – 20% is a maximum limit provided – Court is required to give reasons as to why, in a particular case, maximum limit of interim compensation provided in the Act is being awarded – Order imposing 20% set aside. [(2023-4)212 PLR 116]

CPC S. 96(2) - Merely because the defendant pursued the remedy under Order IX Rule 13 CPC, it does not prohibit the defendant from filing the appeal if his application under Order IX Rule 13 CPC is dismissed.

Compulsory retirement - Is not a punishment and it does not imply any stigma

Lien

Related Posts

NIA S. 118 – Unaccounted transactions – All promissory notes appear to have been executed on the same day – If these are unaccounted transactions they are illegal transactions for which no court can pass a decree. [PLRonline 213601]

Sarfaesi S. 14 – Complaint u/s 340 CrPC against authorised officer before DM – Complaint before District Magistrate under Section 340 Cr.P.C. against the authorised officer for concealing material facts – Maintaianble. [(2023-4) PLR 001 ]

CPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]

Leave a Reply Cancel reply

Welcome Back!

Create New Account!

Retrieve your password

Save PLRonline.in APP!