Q: Elaborate the citation of Canara Bank vs Canara Sales Corporation & Ors ?

Ans: In this citation, the issue of cheques with fraudulent signatures being presented for cash in bank and was investigated by the honourable Supreme Court.

It was decided that a bank is not legally obligated to render any kind of payment in response to a cheque that is presented for encashment but also bears forgeries. It would be assumed that the bank has broken the law if bank debits the client for the amount of the cheque and makes any payment in favor of such cheques.

Comments

Post a Comment

Popular posts from this blog

Q: Discuss citation under Section 139 of negotiable instrument act ?

Ans: Section 139 of the Negotiable Instruments Act The Section 139 states that it will be presumed unless the contrary is proved, that the payee received the cheque of the nature referred in Section 138 for the discharge, in wholly or partly, of any debt or any liability.  This presumption is no doubt rebuttable by the accused, by ‘preponderance of probabilities’. So, if the accused can establish a probable defence, that creates a reasonable doubt about the existence of a legally enforceable debt or liability, then the prosecution would fail and the accused can do so by only using the materials or evidence presented by the prosecution and in many cases an accused did not need to present another or own evidence. Virender Kumar vs Sumit on 25 April, 2018 IN THE COURT OF SHRI PUNEET NAGPAL, MM (NI ACT)-01, SOUTH-WEST DISTRICT: NEW DELHI. The Section 139 states that it will be presumed unless the contrary is proved for drawer under negotiable instrument act. Section 140 of the Negotiab...
Read more

Q: What are the amendments under negotiable instrument act in 2002 ?

Ans: Some of the significant features of the 2002 amendment in negotiable instrument act are as follows:  1)​The period within, which the payee must render notice to the drawer, extended to thirty days against fifteen days earlier.  2)​The maximum jail term for offences enhanced to two years from one year.  3)​The trials, as far as practicable, must be continued from day to day, consistently with the interest of justice, until the conclusion. 4. Endeavour must be to conclude the trial within six months from the date of filing of the complaint;  5)​A copy of the summons issued by a magistrate to an accused or witness would also be served through special post or impaneled couriers. 6)​The evidence of the complainant may be given by him on an affidavit as well as be read in evidence, and the court, if it thinks fit, shall on the application of the prosecution or the accused, summon and examine any person giving evidence on affidavits (with exceptions).  7)​Offences...
Read more

Q: Explain the citation of Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 ?

Ans: Delhi District Court on Smt. Krishna Dhawan vs State ( Govt. Of Nct Of Delhi) on 22 November, 2010 - In the present case, the applicant has failed to prove on record any justifiable ground for leaving the company of her husband respondent except that she stated that she has been ill illtreated for the last 20 to 23 years but in her cross examination she herself has admitted that there was no demand of dowry by the respondent at the time of marriage or after the marriage. Thus so far as the allegations of dowry demand are concerned, applicant has failed to prove the same. She has also failed to prove any other justifiable ground on record for her living separately from the respondent. In such circumstances, Ld. MM has rightly held that applicant is not entitled for any maintenance. Ld. MM has rightly held that applicant is unable to maintain herself and there is no document filed on record by the respondent also to show that applicant is working or is able to maintain hers...
Read more