bank Archives | Page 2 of 3

Bank Employees misappropriate funds. Confession by one leads to mild penalty; No evidence against another leads to dismissal! SC directs reinstatement

Supreme Court: In a case where a bank employee was dismissed from services despite lack of evidence, the bench of KM Joseph

Case Briefs Supreme Court

“No case for interference either on law or on moral grounds”; SC sets aside HC order for applying test of criminal proceedings to departmental proceedings

Supreme Court: Addressing a case of dismissal of a Bank clerk for breaching the trust of a widowed sister-in-law as well as

Case Briefs Supreme Court

Cheque gets deposited to the account of account holder with strikingly similar name. Bank blames customer. Read why SC was “surprised” at NCDRC’s ruling

Supreme Court: In an interesting case where one SBI account holder was left with a balance of Rs. 59/- only in his

Case Briefs Supreme Court

Pension is not a bounty; Lack of financial resources no excuse for taking away vested rights by way of retrospective amendments: SC

Supreme Court: The bench of Ajay Rastogi and Abhay S. Oka, JJ has held that an amendment having retrospective operation which has

Case Briefs Supreme Court

Delinquent employee doesn’t have an absolute right to be represented in departmental proceedings by the agent of his choice: SC

Supreme Court: In a case where the Rajasthan High Court had permitted the respondent employee who is facing disciplinary proceedings to represent

Case Briefs Supreme Court

When 25% of the bid is already paid, whether failure to deposit the remaining 75% empowers the Bank to direct forfeiture of money even when Bank suffered no loss in subsequent auction? SC answers

Supreme Court: The Division Bench comprising of M.R. Shah and B.V. Nagarathna, JJ., directed the Indian Bank to refund the 25% auction

Case Briefs Supreme Court

Bank not a trustee of money deposited by Customers; Supreme Court holds the relationship between customer and Bank is one of a creditor and a debtor and not of a trustee

Supreme Court: The 3-Judge Bench of N.V. Ramana, CJ., Surya Kant* and Hima Kohli, JJ., held that the Bank is not the

Case Briefs High Courts

Daughter receiving presents from parents during her marriage, will be covered under ‘Dowry’? Ker HC explains in light of provision which prohibits ‘giving or taking of dowry’

Kerala High Court: M.R. Anitha, J., decided whether gifts given to the bride during marriage by parents be covered under ‘Dowry’ or

Op Eds OP. ED.

Dealing with Non-Performing Assets: Analysing Bad Bank as a Solution

by Deepanshi Gupta*and Aadesh Shinde**

Case Briefs District Court

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

Dwarka Courts, New Delhi: Medha Arya, MM (NI Act-03), resolved the dispute pertaining to Section 138 of Negotiable Instruments Act, 1881 in

Case Briefs Supreme Court

Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC

Supreme Court: The Division Bench of S. Abdul Nazeer and Krishna Murari, JJ., addressed a pertinent issue of whether the rent act

Case Briefs High Courts

Bom HC | Does a Registering Officer has right to decide whether person presenting document for registration has marketable title or not? Court answers

Bombay High Court: The Division Bench of A.S. Chandurkar and Amit B. Borkar, JJ., addressees the present matter while explaining the existence

Case Briefs High Courts

Del HC | Can ‘Pawnor’ under Ss. 172/176 of Contract Act be made liable for repayment of entire debt, in absence of any guarantee being furnished? Succinct Report

Delhi High Court: The Division Bench of Rajiv Sahai Endlaw and Asha Menon, JJ., held that the pawnor, merely by his act

Case Briefs High Courts

Del HC | If a person is incapacitated and relative taking care of his medical expenses requires money from his bank account, is that permitted under law? Can Bank permit withdrawal of money? Read on

Delhi High Court: Prateek Jalan, J., reiterated the position of law laid down in the decision of Vandana Tyagi v. GNCTD, [WP

National Consumer Disputes Redressal Commission

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | If a fund transfer is effected through net banking and due procedure is followed by the Bank for the transfer, Can the account holder allege deficiency of service and negligence on the Bank? Read on

National Consumer Disputes Redressal Commission (NCDRC): C. Vishwanath (Presiding Member) upheld the State Commission’s Order. Petitioner/Complainant who was an account holder of

Case Briefs High Courts

Telangana HC | If the bank sends sale notice following due procedure on the addresses mentioned in loan agreement, will the same amount to ‘service’ under Security Interest (Enforcement) Rules? Read on

Telangana High Court: The Division Bench of A. Rajasheker Reddy and T. Vinod Kumar, JJ., dismissed a petition challenging the sale notice

Case Briefs Supreme Court

Bank manager disburses loans without following the due procedure. Is compulsory retirement in such case a disproportionate punishment? Read what SC says

“If an officer/employee of the bank is allowed to act beyond his authority, the discipline of the bank will disappear.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCDRC | Law is settled that illegal and forceful means cannot be adopted by Banks to seize any property

National Consumer Disputes Redressal Commission (NCDRC): C. Viswanath (Presiding Member) expressed that: Law is settled that illegal and forceful means cannot be

Case Briefs High Courts

P&H HC | No separate orders required in the matter of OTS having become defunct for non-compliance of conditions by borrowers, Bank becomes free to recover money in accordance with law irrespective of OTS; HC reiterates

Punjab and Haryana High Court: The Division Bench of Rajan Gupta and Karamjit Singh, JJ., allowed the petition seeking writ of mandamus

Case Briefs High Courts

Jhar HC | [Service Law] In a case past two decade, Court observes procedural irregularity at the behest of Disciplinary authority; issues direction for consequential benefits

Jharkhand High Court: Deepak Roshan, J., while allowing the present writ application, said, “This court is having no hesitation to hold that