Tag: Banking
CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]
High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of ...
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]
Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230 ...
Banking – Forged DD – Liability of person presenting the same – Plaintiff Bank has passed the Demand Daft being received by way of collection by another bank – U/s 72 of the Contract Act, person receiving proceeds from forged draft liable to refund the money to the bank . [ID 317402]
2011 PLRonline 0206 (SC) Madras High Court Before: Justice R. Mala Titan Industries Ltd. v. State Bank of India, Appeal ...
Service matter – Specific Relief Act S. 14 – Enforcement of a contract of personal service – If the statute/statutory rules applies, courts can declare termination null and void and order reinstatement – However, if the relationship is purely contractual, the contract of personal service will not be specifically enforceable [2008 SupremeCourtOnline 0005]
2008 SupremeCourtOnline 0005 SUPREME COURT OF INDIA Before:- H.K. Sema and R.V. Raveendran, JJ. STATE BANK OF INDIA & Ors. ...
Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.
While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be ...
Satish Chander Ahuja v. Sneha Ahuja, 2021 PLRonline 9094 (SC)
SUPREME COURT OF INDIA (Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.) SATISH CHANDER AHUJA - Appellant v. SNEHA ...
Noor Paul v. Union of India, 2022 PLRonline 9001
Look Out Circular - Travel Abroad - Banking 2022-PLRonline-9001Download
Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654
Poonam Paul v. Union of India, 2022 PLRonline 0498 ; ((2023-1)209 PLR 403 (SN)) Look Out circular - Banking - ...
Contract Act, S. 171 – Lien – Unless a person is a party to a loan transaction in whichever capacity, the question of the Bank’s exercising the general lien vis-à-vis the property of that person—even if he or she were the spouse of the contracting party does not arise
Put differently, it falls foul of the contractual obligations of the banker and customer - Question of the husband's implicitly ...
Banking – Forged DD ( Demand draft) – Encashment – Bank entitled to recover the sums claimed from the person who encashed it
Banking - Forged DD ( Demand draft) – Encashment - If it was a stolen leaf on which signatures of ...
Banking – Duties – There is always an element of trust between the bank and its customer. The bank’s business depends upon this trust.
We adopt the reasoning indicated above with great respect. Unless the bank is able to satisfy the Court of either ...
Contract Act. S. 133, 135 – Guarantors cannot be made liable beyond the terms of engagement
Contract Act. S. 133, 135 Guarantee – Loan – Restructuring/Reschedulement by Bank – Bank did not insist for execution of ...
CPA – S.2(1)(d) – ‘commercial purpose’ – Banking – Overdraft facility
Consumer Protection Act, 1986 - S.2(1)(d) - ‘commercial purpose’ - Banking - Overdraft facility - “business to business” - Appellant ...
Loan : Floating rate of interest : Intimation of change of rate of interest not required : Fora can not go into rendition of accounts
Floating rate of interest: Intimation not required : Fora can not go into rendition of accounts : we are of ...
