Judgment Search Results Home > Cases Phrase: government savings banks act 1873 Page 1 of about 44,766 results (0.151 seconds)

Rajat Kumar Rath and anr. Vs. Government of India and ors.

Court : Orissa

Reported in : AIR2000Ori32

..... the petitioners by the postal authority reveals that under the post office monthly income account rules, 1987(in short, the 'rules') framed under section 15 of the government savings banks act, 1873 (in short, the 'act') a limit was fixed up to which the deposits can be accepted by the post office. ..... petitioners to the effect that they shall keep the amount single or joint at any time within the limits specified in the relevant rule and also furnish on demand from the post office savings bank, particulars of all such accounts. ..... the savings bank pass books themselves reflect the total amount of deposit received from the various deposits and were being ..... that on 28-12-1994 when the deposits exceeded the limit prescribed, there was no objection raised by the postal authorities and they accepted the deposits and the petitioners went on getting monthly interest in the savings bank account. ..... that the monthly interest accrued shall be credited automatically to the savings bank account. ..... is fairly accepted by the learned additional standing counsel for central government that had the petitioners deposited the money in some other schemes floated by the state government or banks, they would have fetched interest. ..... from the aforesaid discussion : (a) infringements of the instructions issued by the reserve bank of india under the banking regulations act prohibiting the banks from entering into buy-back arrangements do not invalidate such contract entitled into between the banks and its customers. .....

Madanlal Chakraborty Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2004)3CALLT616(HC),2004(4)CHN193

..... section 3 of the government savings banks act, 1873 speaks that 'depositor' means a person by whom or on whose behalf money has been heretofore, or shall be hereafter, deposited in a government savings bank, and 'deposit' means money so deposited. ..... and there is no nomination in force at the time of his death and probate of his will or letters of administration of his estate or succession certificate granted under the indian succession act, 1925 (39 of 1925) is not, within three months of the death of the depositor, produced to the secretary of the government savings bank in which the deposit is, then-(a) if the deposit does not exceed such limit as may be prescribed, the secretary may pay the same to any person appearing to him ..... to be entitled to receive it or to administer the estate of the deceased, and(b) within the limit prescribed under clause (a), any officer employed in the management of government savings bank who is empowered in this behalf by a general or special order of the central government, may, to the extent to which he is empowered by a general or special order of the central government, may, to the extent to which he is empowered by such order and subject to any general or special orders of the secretary in this behalf, pay the deposit to any .....

Arulmighu Dhandayudhapaniswamy Vs. Dir. General of Post Offices and or ...

Court : Supreme Court of India

..... in exercise of the powers conferred by section 15 of the government savings banks act, 1873, the central government framed the above mentioned rules. ..... to the provisions of rule 16, where an account is found to have been opened in contravention of any relevant rule for the time being in force and applicable to the accounts kept in the post office savings bank, the relevant head savings bank may, at any time, cause the account to be closed and the deposits made in the account refunded to the depositor without interest. ..... reading of rule 17 makes it clear that if any account is found to have been opened in contravention of any rule, the relevant head savings bank may, at any time, cause the account to be closed and the deposits made be refunded to the depositor without interest. ..... the rules are applicable to the following accounts in the post office savings bank, namely, a) savings account b) cumulative time deposit account c) recurring deposit account d) time deposit account and it came into force with effect from ..... this court held that even though the certificates contained the terms of contract between the government of india and the holders of the national savings certificate, the terms in the contract were contrary to the notification and therefore the terms of contract being unlawful and void were not binding on the government of india and as such the government refusing to pay interest at the rate mentioned in the certificate is not a case of deficiency in service either in terms .....

Bihasu Yadav Son of Late Ram Swaroop Yadav Vs. Post Master, Mau Nath B ...

Court : Allahabad

Reported in : AIR2006All67; 2006(1)AWC208; IV(2006)BC532

..... have gone through the section 4 of the government savings banks act, 1873. ..... is entitled to operate the accounts in accordance with section 4 of government savings banks act, 1873.2. ..... a non-obstanti clause under such sub section in respect of making the nominee entitled to receive the amount under the deposit in exclusion to others but such sub section indicates about the relationship between the bank/post office and nominee under the instrument regarding discharge of their responsibility alone. ..... dispute about succession will be governed by the respective succession act alone. ..... in other words pious desire of the legislature was to make easier banking transaction in between bank and post offices in one hand and depositors under the instrument on the other ..... for the purpose of valid discharge of the liability of the bank or the post office this principle will apply as a matter of privity between the depositors and bank or post office, but taking the advantage of this law, successory right of the family property to which he or they are not the party or parties, cannot be ..... the general principle which has been discussed above in the instant case, the bank or post office themselves doubted the nominees nomination factually. ..... question of fraud or forgery can not be adjudicated simply by application of section under the act but by the appropriate evidential test of a fact finding court. ..... , however, can be claimed by the heirs of the assured in accordance with the law of succession governing them. .....

Chandan Chowdhury and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2009Cal56,(2008)IVCALLT54(HC)

..... learned advocate for the petitioners refers to section 4(a) of the government savings banks act, 1873 and submits that the postal authorities should now proceed on the basis that there is no nomination in force at present. ..... learned counsel also referred to section 7(4) of the government savings certificates act, 1959.8. ..... in so far as the time deposit account and the savings bank account are concerned there has been no dispute in between the parties since there was no nomination in such investment. ..... and one debu chowdhury, since deceased, died as an unmarried woman and during her lifetime she had made certain investments with netaji colony post office and such investments are in the nature of national savings certificates, kishan vikas patras (hereinafter referred to as the nscs and kvps), time deposit account and savings bank account. .....

T.R. Mohana @ S. Latha Vs. Union of India, Represented by the Secretar ...

Court : Kerala

..... be placed on rules 4 and 5 of the post office monthly income account rules, 1987 (hereinafter referred to as the mia rules for short) framed and issued by the central government under section 15 of the government savings banks act, 1873 (hereinafter referred to as the savings banks act for short), is the issue that arises for consideration in this writ petition. ..... by the petitioner in a single account together with her share in the joint accounts exceeded the prescribed limit of rs.3,00,000/- and therefore, the respondents were entitled under rules 17 and 18 of the post office savings bank general rules, 1981 to recover the interest erroneously paid to the petitioner in the two accounts till november, 2009 and were bound to refund only the balance amount, after effecting such recovery. 6. ..... however, relying on the note to rule 4 of the mia rules which was introduced with effect from 5.9.2000 and rules 17 and 18 of the post office savings bank general rules, 1981, the respondents recovered the interest paid to the petitioner in her single account and to her and her husband in the joint account, both of which were closed on 23.2.2010, from the ..... stated that in order to facilitate payment of interest every month, they also opened (according to the petitioner, at the instance of the 4th respondent post master) savings bank account no.858971 in their joint names at the air force station post office and the petitioners were drawing interest on the deposits every month till november 2009. .....

Justice U.N. Bachawat (Rtd.) and Anr. Vs. Chief Post Master General a ...

Court : Delhi

..... the principal submissions of the respondents, in support of the impugned communication, is pivoted on the provisions of rule 6 of the 2004 rules and section 4 of the government savings bank act, 1873 (in short the 1873 act). ..... khanchandani s case, the supreme court was considering the provisions of the government savings certificate act, 1959 (in short the 1959 act), pursuant to which national saving certificates were issued. ..... 3.1 late ms vimala devi bachawat opened a savings bank (sb) account bearing no.1142281 and a senior citizens saving scheme (scss) account bearing no.100964. ..... this, according to the respondents, is in consonance with notification dated 28.07.2010, issued by the ministry of finance, government of india; whereby senior citizens saving scheme rules, 2010 have been framed.14. ..... the rules which govern the scss account are titled as : senior citizens savings scheme rules, 2004 (in short the 2004 rules). ..... at this juncture, it may be relevant to set down the provisions of both rule 6(1) of the 2004 rules and section 4 & 5 of the 1873 act, on which, reliance has been placed by the respondents. ..... 6.1 it was contended that section 4 of the 1873 act contained a non obstante clause, which obliged respondents to release the money in the aforementioned accounts only in favour of the nominee, notwithstanding anything contained in any law, for the time being in force, or any disposition whether .....

Union of India (Uoi) and ors. Vs. Sudha thejus and ors.

Court : Kerala

Reported in : [2001]103CompCas1116(Ker)

..... single judge has found that section 15 of the government savings bank act, under which the recurring deposit rules are made does not give the government the power to make rules retrospectively. ..... noticed by the learned single judge, the source of the rule making power is section 15 of the government savings bank act. ..... it is further contended that the savings bank account is operated on the basis of a contract executed between the parties and in the contract there is a clause requiring the depositors to abide by the rules in force from time ..... as well deposit the money in the ordinary savings bank account of the post office or in some other bank. ..... that they were free to close the account after one year for which the only liability was the reduction in the rate of interest which will be only at the rate of post office savings bank account. ..... think that the union of india and the chief post master general are right in stating that the petitioners are governed by the amended rule 9a when the contract for deposit was made when the unamended rule was in force. ..... government standing counsel for the appellants submitted that section 15 of the act gives power to the central government to make rules for carrying out the purpose of the act. ..... unamended rules, the holder of an account could prematurely close the account after one year from the date of opening of the account provided that interest at the rate of post office savings account shall alone be payable on premature closure of the account. .....

Dr. Ashima J. Shah Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : AIR2002Guj88; [2002]111CompCas780(Guj); (2001)4GLR3112; [2003]42SCL141(Guj)

..... '6.1 learned advocate for the petitioner has relied upon on the principle of estoppel and contended that in any view of the matter when petitioner has already deposited the amount in national savings scheme by which the respondent denied the request of the petitioner for closing the account of the returning the balance to her are bad in law.6.2 the learned advocate for the petitioner ..... essentials of the doctrine ofestoppel in equity are (1) there must be apromise or representation or an assurance;(2) another person person to whom such apromise or an assurance or a representation is made should act relying upon such apromise, or an assurance or a representation; (3) it should cause severe loss to theother person to whom such a promise or anassurance or a representation was made ifit was not ..... relied upon on page 485 'administrative law by sathe, 6th edition' which reads as under :'where there is no formal contract, but a person acts on the assurance of a competent government authority, is it possible for him to bind the government to its assurance? ..... 101071 with the ellisbride post office, ahmedabad under national savings scheme , 1987 through her father as the holder of a general power of ..... for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, holding and declaring the action of the respondent refusing to return the balance amount lying in national savings scheme account no. ..... to close the petitioner's national savings account no. .....

Birendra Nath Chatterjee Vs. Umananda Mukherjee

Court : Kolkata

Reported in : 91Ind.Cas.998

..... under the government savings banks act (v of 1873) under which the post office savings bank is conducted the governor-general in, council may make certain statutory rules. ..... with regard to section 197, i have great doubt if it applies to certificates contemplated by note 2 to section 25 of general rules and orders framed under government savings banks act (v of 1873). ..... i agree with the interpretation put by my learned brother, pus the rule or rather the note to the rule framed under the government savings banks act, i should, however, like to base my opinion on the general policy which should guide us in interfering with the order of the trial court when discharging an accused under section 253, cr.p.c. ..... agents under rule 18 the agent must sign a certificate on the application for withdrawal to the effect 'certified that the depositor is on this day alive and sane' does not appear to be a certificate either prescribed by the government savings banks act or by statutory rules made thereunder. ..... the charge against him was that he, knowing of the death of one bhaba sundari debi, who died, on the 3rd january 1923, as her agent in respect of her savings bank account at berhampur; withdrew on the 5th and 9th january 1923 in all rs. ..... ' my learned brother has pointed out that this rule is not one of the rules which the governor-general in council is authorised to make under section 14 of act v of 1873. .....