“The standard by which the absence or otherwise of negligence is to be determined must be ascertained by reference to the practice of reasonable men carrying on the business of bankers and endeavoring to do so in such a manner as may be calculated to..
It is for the benefit and convenience of the commercial world, to give as wide an extent as practicable to the credit and circulation of negotiable paper, that it may pass not only as security for new purchases and advances, made upon the transfer th..
Banker’s duty of care to owner of cheque — opening of new account — for existing customer — verified details of such customer serving as disincentive to fraudulent use of new account — where circumstances do not put bank on notice of impending fra..
Hon'ble Supreme court held that the burden of proof lies on the Bank who allowed to encash the Negotiable Instruments, when no attempt to lead evidence of person who introduced the account holder to show it acted in good faith. ..
"'Holder'.-- The 'holder' of a promissory note, bill of exchange or cheque means any person entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto...
Code of Civil Procedure, 1908: Order XXII, Rules 4 and 10-A-Abatement--Death of defendant--Notice given to one branch of plaintiff bank--Delay in making applications for impleading legal representatives and setting aside abate- ment--Whether notice t..
Negotiable Instruments Act--Section 131--Bank can avail of immunity as collecting banker--Opening of account--Duties of bank...
Mines and Minerals (Regulation and Development) Act, 1951: Section 4A--Termination of mining lease--Necessity for giving of opportunity to holder..
The plaintiff-bank is certainly not liable if the cheque had been dishonoured but was duty bound to return the cheque to the depositor. In any case, even if the cheque had been misplaced, it was the duty of the plaintiff-bank to intimate to the depos..
Poverty should not be allowed to become a crime. Neither failed marriage be permitted to be a crime...
This Court cannot analyze the entire evidence to come to conclusion whether a conviction is probable or not, that, in fact, would amount to by passing the Trial Court and not giving an opportunity to the prosecution to prove its ca..
It was held in AIR 1996(Supreme Court) 67 that taunting for not bringing sufficient dowry is distinct from demand of dowry and should not be confused with. Though taunting for bringing insufficient dowry is also an uncivilized act but does not come w..
Classic case in Quashing FIR..
Code of Criminal Procedure, 1973: Section 24(6)--State Government whether bound to appoint Public Prosecutors and Additional Public Prosecutors only from among persons con- stituting such 'regular cadre of prosecuting Officers'--Interpretation of...
The Code Of Civil Procedure (Amendment) Act, 1956 The Indian Contract Act, 1872 Section 19A in The Indian Contract Act, 1872 Section 19 in The Indian Contract Act, 1872 Section 17 in The Indian Contract Act, 1872..
Held: "In the matter of exercising discretion of anticipatory bail under Section 438, Cr. P.C. the persons who fall in the category of Government servants, minors, women, old and infirm persons, handicapped persons, persons having permanent disabil..
There is no question of appellate court travelling beyond and making observations alien to the case. Any opinion, observation, comment or recommendation de hors the subject of the appeal, may lead to confusion in the minds of litigants, members of pu..
Ragging in essence is a human rights' abuse. Ragging can be in various forms. It can be physical abuse or mental harassment. In present times shocking incidents of ragging have come to the notice. Sometimes violence is used. The student is physically..
This Court held that in service matters PILs should not be entertained, the inflow of so-called PILs involving service matters continues unabated in the courts and strangely are entertained. The least the High Courts could do is to throw them out on ..
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