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a case study

(Querist) 16 July 2008 This query is : Resolved 
1 International Bank opened a saving bank account in the name of Mr. R Singh and at the time of opening of the account handed over to him the copy of rules and regulations for conducting the account which also provided that the cheque book should be kept under lock and key and for loss if any arising from not complying with requirement, bank will not be responsible. The customer kept the cheque book in drawer and one of his office colleagues took off one cheque leave and by forging the signatures of Mr. R Singh withdrew the money from the bank. The customer claims the refund of the money:

can you tell me what all points can I argue in favour of Mr.Singh and International Bank............
please at the earliest............
Guest (Expert) 16 July 2008
That fullest compliance was made in respect of security of the cheque, whoever a fraud has been cast, beyond the normal limits of security.

That the Bank failed to verify the signature of the customer, which is mandatory.

arunprakaash.m. (Expert) 17 July 2008
If there is a negligence on the part of the bank then bank is liable.
mahavir singh (Expert) 18 July 2008
ravikant this is a case of cheating & theft by the person,as u say he had forged rajesh's signature take opinion from handwriting expert.and make the party to bank also as they have not properly verified the signature of rajesh at the time of making or transfering of payments.

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