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Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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High Court of Karnataka Dismisses Writ Petition Challenging Bank's Refusal to Release Fixed Deposits Pending Civil Suit — Bank's Obligation to Act on Court Order Not on Private Letters

The petitioner, Rajesh Kumar Shetty, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka ...

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High Court Dismisses Bank's Revision in SARFAESI Act Suit — Civil Court Jurisdiction Not Barred. Suit for Declaration and Injunction Regarding Personal Guarantee Held Maintainable as It Does Not Relate to Enforcement of Security Interest Under Section 34 of SARFAESI Act.

The case involves a civil revision application filed by Allahabad Bank against an order of the Joint Civil Judge, Junior Division, Nagpur, rejecting t...

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High Court of Karnataka Hears Writ Petition to Quash FIR Against Intermediary in Alleged Fraud. Petitioner Alleged to be Mere Intermediary Between Complainant Company and UK-Based Supplier in International Sales Contract.

The petitioner, Govindaraja, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Crimin...

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High Court of Karnataka Hears Appeal by Bank Manager Convicted of Forgery and Corruption. Court Examines Prosecution Evidence and Notes Adverse Inference Under Section 114(g) of Evidence Act for Non-Examination of Material Witnesses.

The appeal arose from the judgment of the Special Judge for CBI cases convicting the appellant, a former branch manager of Syndicate Bank, for offence...

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Bombay High Court Considers Application for Appointment of Receiver in Partition Suit. Notice of Motion Seeks Interim Relief for Joint Family Properties Allegedly Misappropriated by Co-Owners.

The plaintiff filed a suit for declaration that he is entitled to a 1/10th share in the assets and properties of the joint family and for partition by...

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High Court of Bombay Holds Bank of Maharashtra Action Contrary to RBI Wilful Defaulter Guidelines Due to Absence of Reasoned First Committee Order. Declaration of Wilful Defaulter Requires Strict Compliance with Procedural Safeguards Under RBI Master Circular and Supreme Court Precedent.

Background: The dispute arose out of a writ petition filed before the High Court of Judicature at Bombay, Nagpur Bench, challenging the declaration of...

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Supreme Court Upholds Bank's Dismissal of Employee in Disciplinary Proceedings for Fraud and Misconduct. Disciplinary Proceedings Evaluated on Preponderance of Probabilities, Not Criminal Standards, Under Bipartite Settlement and Evidence Act Provisions.

The dispute arose from the dismissal of a bank employee following departmental proceedings initiated by the appellant-Bank, a nationalized entity, aga...