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Indian Overseas Bank Vs. Industrial ChaIn Concern

Court : Supreme Court of India

Reported in : [1990]67CompCas255(SC); JT1989(4)SC334; 1989(2)SCALE1014; (1990)1SCC484; [1989]Supp2SCR27; (1990)1UPLBEC636

..... section 131 corresponded to section 82 of the bills of exchange act, 1882 of england which was repealed by the cheques act, 1957 and the protection there is now given by section 4 of the cheques act, 1957. ..... when the defendants pleaded section 4 of the cheques act, 1957, the plaintiffs contended that they had been negligent under four heads:(i) they had taken no steps to identify the proposed customer, without which the referee's good opinion was valueless. ..... owner, not the customer, created by the statute itself, the duty being not to disregard the interests of the true owner.it is a settled law that the test of negligence for the purpose of section 131 of the act is whether the transaction of paying in any given cheque coupled with the circumstances antecedent and present is so out of the ordinary course that it ought to arouse doubts in the banker's mind and cause him to make inquiries. ..... ex facie to put the bank on guard and there was no warning or indication of defective title on the face of the cheques and drafts to arouse suspicion of the bank and it was not necessary for it to make thorough enquiry about the cheques and drafts to have been entitled to invoke the protection of section 131 of the negotiable instruments act; and that even assuming, but not admitting that the bank was negligent, the plaintiff itself contributed .....

Kanyalal Thakurdas, Bankers Vs. the Bombay Cycle Importing Company, Cy ...

Court : Chennai

Reported in : (1972)1MLJ412

..... commenting on the corresponding section 4 of the cheques act, 1957, in england, paget has stated at page 347 of his law of banking, 6th edition, that the importation of negligence into that section is in sense an anomaly. ..... section 131 of the negotiable instruments act gives some protection to the banker in the same manner as section 4 of the cheques act, 1957, in england. ..... it is unnecessary to refer to the other reasons given by the learned seventh assistant city civil judge to show that the appellants did not act in good faith and that they have acted negligently in collecting the cheques and drafts of the plaintiff at the instance of the second defendant. ..... attempt to canvass the correctness of the findings of the learned seventh assistant city civil judge that the appellants are not bankers entitled to the benefits of section 131 of the negotiable instruments act, which is as follows:a banker who has in good faith and without negligence received payment for a customer of a cheque crossed generally or specially to himself shall not, in case the title to the cheques proves defective, incur any liability to the true owner of the ..... , act as mere agent in the collection of the cheque, and not on his own account as holder, (c) that the person for whom the banker acts must be his customer, and (d) that the cheque should be one crossed generally or specially to himself (see bashyam and adiga on the negotiable instruments act, 12th edition, page 584). .....

Canara Bank Vs. Vijaya Bank

Court : Chennai

Reported in : [1993]76CompCas456(Mad)

..... but today resides in section 4 of the cheques act, 1957 ....' 9. ..... the conditions are : (a) that the banker should act in good faith and without negligence in receiving a payment, that is in the process of collection; (b) that the banker should receive payment for a customer on behalf of him and thus acting as a mere agent in collection of the cheque and not as an account holder; (c) that the person for whom the banker acts must be his customer; and (d) that the cheque should be one crossed generally or especially to himself. ..... barclays bank, [1986] 1 all er 676 where it was held that the onus of proof under the above-said section 4 of the 1957 act was on the collecting bank to establish that it had received payment of the cheque in good faith and without negligence. ..... in all the decisions in which negligence in opening the account was held to preclude a defence under section 82 of the english act, the opening of the account and the deposit of the cheque were contemporaneous or so close in point of time as to be regarded as one transaction.' 18. ..... further, it has also been held that the expression 'received payment for a customer' appearing in section 131 of the act is not restricted to the actual receipt of payment only, but it includes the whole transaction from the taking of the cheque to the receipt and disposition of the money. ..... even if there was negligence in opening of the account that act ipso facto would not result in loss to the true owner of the cheque collected.' 13. .....

Obg Limited and Others (Appellants) Vs. Allan and Others (Respondents)

Court : House of Lords

..... parliament has responded with legislation such as the factors act 1889, section 4 of the cheques act 1957 (which protects a collecting bank against liability for conversion of a cheque to which its customer had no title) and section 234(3) of the insolvency act, which, in the absence of negligence, protects an administrative receiver who "seizes or disposes of any property which is not property of the company" ..... of the contract breaker to cause him to break his contract, are used by the interferer; but, secondly, that (apart from conspiracy to injure, which, as i have said, is not in question so far as this motion is concerned) acts of a third party lawful in themselves do not constitute an actionable interference with contractual rights merely because they bring about a breach of contract, even if they were done with the object and intention of bringing about such ..... chattels; but a series of decisions binding on this court, culminating in morison's case and underwood's case [[1924] 1 kb 775] have surmounted the difficulty by treating the conversion as of the chattel, the piece of paper, the cheque under which the money was collected, and the value of the chattel converted as the money received under it: see the explanation of phillimore lj in morison's case [cited above]" 106. ..... enacted specific relieving provision in respect of particular types of dealings with goods, for instance, the factors acts, and particular types of dealings with intangibles, for instance, the cheques act. .....

Narayandas S/O Bhagwandas Partani and anr. Vs. the Union of India (Uoi ...

Court : Mumbai

Reported in : 1993(3)BomCR709

..... is not necessary for the purpose of this case to peep into the history of the development of law, whether it be the bills of exchange act of england of the year 1882, the cheques act, 1957, and various other statutory exercises.6. ..... such safeguards are ---(a) that no court shall take cognizance of such offence except on a complaint, in writing, made by the payee or the holder in due course of the cheque;(b) that such complaint is made within one month of the date on which the cause of action arises; and(c) that no court inferior to that of a metropolitan magistrate or a judicial magistrate or a judicial magistrate of the first class ..... in that case, the drawer, without prejudice to the other provisions of the said act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both.the provisions have also been made that to constitute the said offence ---(a) such cheque should have been presented to the bank within a period of six months of the date of its drawal or ..... resulted in 11 complaints in relation to the 11 cheques, for offences punishable under section 138 of the negotiable instruments act, 1881 and section 420 of the indian penal code ..... the act of issuing of cheque without any balance in bank amounts to a criminal breach of trust, deceit, or cheating, and under the scheme of the penal code, mens-rea is postulated in respect of the offences covered under sections 405, 415 and 420 .....

Hindusthan Commercial Bank Ltd. Vs. Probodh Kumar Mitter and anr.

Court : Kolkata

Reported in : AIR1980Cal292

..... learned judge relied on section 131 of the negotiable instruments act which corresponds to section 4 of the cheques act, 1957 in england dealing with the liability of collecting banker and ..... of a ministerial character is called upon to exercise that duty on the request, direction, or demand of another (it does not seem to me to matter which word you use), and without any default on his own part acts in a manner which is apparently legal but is, in fact, illegal and a breach of the duty, and thereby incurs liability to third parties, there is implied by law a contract by the person making the request ..... adapt his conduct to it, it was perfectly immaterial whether the representation was made knowing it to be untrue, or whether it was made believing it to be true, if, in fact, it was untrue; because every man making a representation inducing another to act on the faith of that representation must make it good if he took upon himself to represent that which he did not know to be true, and he would equally be bound if he made it without knowing it to be untrue, therefore, if ..... the plaintiff's case is that by making out the bill and inviting the plaintiff to accept delivery of the shares and to pay for them by an 'account payee cheque' in favour of the bank, the bank represented the genuineness of the shares and hence there must be an implied warranty on the part of the bank that they ..... mitter acted upon the same and paid the price by an account payee cheque drawn in favour of the bank and .....

Life Line Devices Vs. Commercial Tax Officer and anr.

Court : Andhra Pradesh

Reported in : [2000]119STC52(AP)

..... we have to again condemn this action and further warn the concerned officials of the vigilance and enforcement department or the intelligence wing that they should forthwith stop collecting the post-dated cheques or money towards the tax--estimated or even admitted to be due and leave it to the competent assessing officer to do this part of the job after giving opportunity to the assessee before passing an order ..... act, 1957 and article 265 of the constitution and seeks a direction to the respondents not to present the cheques ..... local office staff and payments of the suppliers are credited into our local bank account, you have demanded payment under the andhra pradesh general sales tax act treating them as first sales at our hand by local office.........however, you have insisted for payment of tax at 10 per cent on all the inter-state sales effected from calcutta ..... the petitioner's representative was made to part with post-dated cheques under protest would unequivocally indicate that the payment was not made ..... that the amount already realised by way of encashment of cheques shall be adjusted towards the tax if any due, against ..... observed therein :'the fact that the post-dated cheques were collected is suggestive of some pressure tactics ..... 'while directing the return of the post-dated cheques to the petitioners therein, this court further observed :'at the same time, we shall not be understood to have approved or condoned the action of the writ petitioners in suppressing the turnovers and .....

Indian Agencies (Regd.), Bangalore Vs. Additional Commissioner of Comm ...

Court : Supreme Court of India

Reported in : JT2005(1)SC16; 2005(1)KLT327(SC); (2005)2SCC129; [2005]139STC329(SC)

..... the same as that prescribed by the rules framed under the karnataka sales tax act, 1957, and for this purpose, every dealer shall submit every month, to the assessing authority, a statement in the form prescribed by the rules framed under the karnataka sales tax act, 1957, and it shall be accompanied by a receipt from a government treasury or crossed postal order or crossed cheque or crossed demand draft in favour of the assessing authority for the amount of the tax ..... prescribed authority the other part marked 'duplicate' which is also primary evidence of the said document by virtue of the principles enshrined in section 62 of the evidence act, 1872, the same should be accepted as complete compliance of the requirement under rule 12(1) of the central sales tax (registration and turnover) rules, 1957 (central rules) and rule 6(b)(ii) of the central sales tax (karnataka) rules 1958 (state rules) for levy of tax @ 4% under sub-section(1) and ..... (4) of section 8 of the central sales tax act, 1956 (central act).2) in any event, filing of the 'original' portion of the c form is not mandatory, but directory; and, filing 'duplicate' part .....

Santosh Kumar and Etc. Vs. R.T.A. and ors.

Court : Rajasthan

Reported in : AIR1985Raj130

..... a contention was raised that since it was only by reason of section 29 that the suit had been transferred to the controller the deletion of that section from the act by section 8 of the amendment act of 1963 had the effect of depriving the controller of his jurisdiction totry the suit and, therefore, the judgment and order passed by him though confirmed by the learned subordinate judge and ..... (2) whether the mere fact of making an application in response to the advertisement published by the 2nd respondent rta under sub-section (2) of section 57 of the act, the petitioners and the like of them acquired legal right to contest in order by the tribunal though not parties to the proceedings before the tribunal under article 226 of the constitution ..... present case, the stat has exercised its revisional power after coming into force the amendment act and on the date of the order, the stat had no power to hear the ..... 1899, the transfer of the suit having been lawfully made under section 29 of the act, its deletion would not have the effect of altering, the law applicable to the claim ..... to have passed the order, which was prejudicially affected their rights and interests without giving them an opportunity of hearing and under the 3rd proviso to section 64a of the motor vehicles act, 1939, it was imperative for the stat to have given them an opportunity of hearing. ..... foreign currency and foreign cheques were recovered from the respondent ..... 1957 and section 23(1) was substituted by the amending act .....

Union of India (Uoi) Vs. Sukumar Pyne

Court : Supreme Court of India

Reported in : AIR1966SC1206; 1966CriLJ946; [1966]2SCR34

..... 23(1)(a), having been substituted by the amending act xxxix of 1957, would have retrospective operation in respect of the alleged offence, which took place in 1954, the high court came to the conclusion that the petitioner 'had a vested right to be tried by an ordinary count of the ..... the effect of these provisions is that after the amendment of 1957, adjudication proceedings or criminal proceeding could be taken up in respect of a contravention mentioned ..... chatterjee complains that there is no indication in the amending act that the new procedure would be retrospective and he further says that this affects his right of appeal under the criminal ..... as follows : '23(1) whoever contravenes any of the provisions of this act or of any rule, direction of order made thereunder shall be punishable with imprisonment for a term which may extend to two years or with fine or with both, and any court trying any such contravention may, if ..... amendment by act xxxix of 1957, another s ..... amendment by act xxxix of 1957, s. ..... 10, 1958, the respondent replied to the above memorandum giving his version as to how came into possession of the foreign currency, but he denied having sold any travellers cheques. ..... facts are as follows : following the recovery in 1954 of some foreign currency and travellers cheques at no. ..... the foreign exchange regulation act did not violate art. ..... court, as already observed, held that the new amendment did not apply to contraventions which took place before the act came into force. 10. mr. .....