Commonwealth V Banks - Law Dictionary Search Results
Banking
parliament is competent to legislate in respect of that business under entry 45 list i rustom cavasjee cooper v union of india 1970 1 scc 248 280 air 1970 sc 564 1970 3 scr 531 constitution of … banking means the accepting for the purpose of lending or investment of deposits of money from the public repayable
Cheque
to be a cheque within the meaning of that word in the bills of exchange act 1882 slingsby v westminster bank ltd 1931 1 kb 173 s 82 of the act affords the banker protection when in … act 1881 26 of 1881 s 6 a cheque is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a
Consideration
inconvenience sustained or suffered by the promisee at the request express or implied of the promisor see laythoarp v bryant 3 scott 250 2 wms saund 137 h currie v misa 1875 lr 10 exch 153 consideration … one party or some forebearance detriment loss or responsibility given suffered or undertaken by the other fleming v bank of new zealand 1900 ac 577 586 means everything receive in return for the supply of services or
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Estoppel
be a representation of an existing fact and must be acted on before it is corrected vagliano v bank of england 1891 ac 107 chadwick v manning 1896 ac 231 the representation must be made by a … be denied it is of three kinds 1 by matter of record which imports such absolute and incontrovertible verity that no person against whom it is producible shall be permitted to aver against it a record concludes
Joint-tenancy
give a title to the whole estate without the concurrence of other parties that legal estate has been vested in trustees for sale as joint tenants in the following cases in joint tenancy estates in common or … upon the statutory trusts for sale see english l p act 1925 ss 34 et seq assignees in bankruptcy and others though they differ in some respects from simple joint tenants before 1926 there might be a
Disposition of company property
if it occurs after the commencement of the winding up is avoided by s 127 hollicourt contracts ltd v bank of ireland 2001 2 wlr 290 disposition of company property where a company withdraws a sum of … disposition of company property where a com pany withdraws a sum of money from its bank account in credit and pays that sum to a third party there is a disposition of the company
Disposition of the company's property
paying the cheque debits the cheque against the company s credit balance with the bank hollicourt contracts ltd v bank of ireland ca 2001 ch lr 555 a control for the disposition of land and an effected … against the company it is illogical to hold that there is an additional disposition in favour of the bank where the company is in credit prior to payment of the cheque and the bank in paying the
Under reserve
the balance of convenience clearly lies in allowing the normal banking transactions to go forward united commercial bank v bank of india air 1981 sc 1426 1440 1981 2 scc 766 1981 3 scr 300 … under reserve a payment under reserve is under stood in banking transactions to mean that the recipient of money may not deem it as his own but must be
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takes place the judge informed both attorneys 8230 that they 8230 could stand at while questions were posed commonwealth v urena 632 n e 2d 1200 1994 compare bench stand sidebar adj
Negligence
compensated under this sub s must cause some loss or injury to him consumer unity trust society v bank of baroda 1995 2 scc 150 153 ii negligence is the omission to do something which a reasonable … charged with negligence has failed to comply with or perform in the particular circumstance of each case a very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of
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