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Lawyersclubindia Judiciary

National Small Industries Corp. Ltd. .... Appellant (s) Versus Harmeet Singh Paintal & Anr. .... Res

 11 September 2010

Other directors not liable in Cheque Bouncing..

Posted in Criminal Law |   1419 hits

Joseph Zacharia And Ors. vs Joseph Kuriakose And Anr.

 11 September 2010

"'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...

Posted in Civil Law |   1171 hits

OBED TASHOBYA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS DFCU

 11 September 2010

“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..

Posted in Civil Law |   1914 hits

Woodland Development Sdn Bhd - vs - Chartered Bank

 11 September 2010

An ‘actual’ authority is a legal relationship between principal and agent created by a consensual agreement to which they alone are parties .... To this the contractor is a stranger .... An ‘apparent’ or ‘ostensible’ authority .... is a legal relatio..

Posted in Civil Law |   4934 hits

Columbus Joint Venture v Absa Bank Ltd (65/2000) [2001] ZASCA 108;

 11 September 2010

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 fraud,..

Posted in Civil Law |   3683 hits

OBED TASHOBYA::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF VERSUS DFCU

 11 September 2010

“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..

Posted in Civil Law |   1368 hits

Petitioner John Swift Respondent George W. Tyson

 11 September 2010

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..

Posted in Civil Law |   1205 hits

COLUMBUS JOINT VENTURE Appellant and ABSA BANK LTD Respondent

 11 September 2010

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..

Posted in Civil Law |   1717 hits

Manager v. M/s.Viswa Bandhu - S.A. NO.1430 of 1991 [2005] RD-TN

 11 September 2010

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. ..

Posted in Civil Law |   1913 hits

Joseph Zacharia And Ors. vs Joseph Kuriakose And Anr.

 11 September 2010

"'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...

Posted in Civil Law |   971 hits

United Bank Of India vs Smt. Kanan Bala Devi & Ors

 11 September 2010

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..

Posted in Civil Law |   1728 hits

INDIAN OVERSEAS BANK V. INDUSTRIAL CHAIN CONCERN

 11 September 2010

Negotiable Instruments Act--Section 131--Bank can avail of immunity as collecting banker--Opening of account--Duties of bank...

Posted in Civil Law |   847 hits

Assam Sillimanite Ltd. And Anr vs Union Of India And Ors

 11 September 2010

Mines and Minerals (Regulation and Development) Act, 1951: Section 4A--Termination of mining lease--Necessity for giving of opportunity to holder..

Posted in Civil Law |   1672 hits

Syndicate Bank vs Swaika Chemical Works And Another

 11 September 2010

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..

Posted in Civil Law |   1315 hits

Narender Kumar and Anr. ... Appellants Vs State (Govt. of NCT of Delhi) ... Respondent

 11 September 2010

Poverty should not be allowed to become a crime. Neither failed marriage be permitted to be a crime...

Posted in Criminal Law |   1773 hits

Gurdev Singh Kaler..Petitioner Vs State of NCT of Delhi... Respondent

 11 September 2010

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..

Posted in Criminal Law |   3350 hits

Smt. Neera Singh….. Petitioner Versus THE STATE (

 11 September 2010

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..

Posted in Criminal Law |   2742 hits

State Of Haryana And Others Vs Bhajan Lal And Others

 11 September 2010

Classic case in Quashing FIR..

Posted in Criminal Law |   4701 hits

K.J. JOHN, ASSISTANT PUBLIC PROSECUTOR GRADE 1,PALAI ETC. ET Vs. RESPONDENT: STATE OF KERALA & ORS.

 11 September 2010

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...

Posted in Criminal Law |   2630 hits

compromise decree- setaside

 11 September 2010

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..

Posted in Civil Law |   5942 hits







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