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Lawyersclubindia Judiciary

Section 2(k) of the Consumer Protection Act, 1986

 13 September 2010

In order to appreciate the questions involved in this case, the provision relating to jurisdiction of the said Commission is set out hereunder: “21. Jurisdiction of the National Commission.- Subject to the other provisions of this Act, the National ..

Posted in Civil Law |   2156 hits

Sections 4 and 6 of the Land Acquisition Act, 1894

 13 September 2010

In the first two Special Leave Petitions, judgment passed by the High Court of Judicature at Allahabad dated 30.11.2009, is in challenge while in the third Special Leave Petition, judgment dated 5.10.2009 on the same subject is impugned. By the impug..

Posted in Civil Law |   4575 hits

Tamil Nadu General Sales Tax Act, 1959 as well as the Central Sales Tax Act, 1956

 13 September 2010

Brief facts which are necessary to dispose of these appeals are recapitulated as under: The Deputy Commercial Tax Officer, Group-VIII, the Assessing Officer, Enforcement South passed two separate orders under the Tamil Nadu General Sales Tax Act (he..

Posted in Others |   5438 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 |   1422 hits

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 |   1404 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 |   1155 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 |   1879 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 |   4899 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 |   3669 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 |   1348 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 |   1188 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 |   1701 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 |   1894 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 |   954 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 |   1708 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 |   834 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 |   1660 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 |   1303 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 |   1760 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 |   3328 hits