4 months ago

Advocate Can't Be Prosecuted For Financial Loss Caused Due To His Opinion Unless Intention To Defraud Is Present: Chhattisgarh HC

Live Law

The Chhattisgarh High Court has observed that merely because an advocate's opinion has caused financial loss to a person or institution cannot be a ground for prosecuting him. Earlier, the petitioner challenged the trial court's order framing charges against him by filing a revision petition, which was dismissed the petition without. The Court further observed that it cannot be said that the petitioner performed his duties negligently to cause financial loss to the respondent Bank. Further, noting that the petitioner's name has surfaced in the supplementary charge sheet as he was not named in the FIR, the Court found the orders passed by the trial Court framing the charge against the petitioner and rejecting the revision petition deserved to be set aside qua the petitioner, especially in light of the order of the Apex Court in K. Narayana Rao.

Court Bank Order Fir Petition Petitioner Financial Loss loss fir hc financial observed intention petition prosecuted petitioner opinion chhattisgarh land loan court defraud unless bank present respondent order

History of this topic

5 days, 13 hours ago

Bombay High Court Denies Anticipatory Bail To Bank Employee Who Was Booked For Fraud Of ₹46.58 Lakhs Even After She Returned Amount

Live Law

The Bombay High Court last week denied anticipatory bail application of a woman employee of cooperative bank, who was booked for siphoning off Rs 46.58 lakhs money off the bank's customers, even after she returned the defrauded amount to the bank.Single-judge Justice Rajesh Patil refused to consider the fact that the applicant before him was a. woman and had already …

1 week, 6 days ago

Writ Petition Maintainable Against Private Bank Acting Outside License Terms: Allahabad HC On Bank Unilaterally Freezing Customer's Account

Live Law

The Allahabad High Court has held that a writ petition is maintainable against a scheduled private bank under Article 226 of the Constitution of India if it prohibits a person/company from withdrawing their money from the bank which is a violation of the conditions of the license granted to the bank by the Reserve Bank of India. While dealing with …

2 months ago

Bank Fraud | Punjab & Haryana High Court Grants Bail To Man Booked Under PMLA On Grounds Of Long Incarceration

Live Law

The Punjab & Haryana High Court has granted bail to the former director of SEL Textiles Limited Neeraj Saluja in a money laundering case, accused of diverting loan amount for purposes other than what it was sanctioned for. "Thus, when further proceedings in pursuance of FIR as well as ECIR have been stayed by a Division Bench of this Court; …

6 months, 3 weeks ago

Madras HC slams cop for freezing bank account of loan defaulter

New Indian Express

CHENNAI: The Madras High Court “condemned” a police officer for freezing the bank account of a person in Chennai following complaints of a money dispute, observing it was unjustified unless the funds are proved to be proceeds of a crime. Justice G Jayachandran, in a recent order, said, “A complaint of default in repayment of money will not per se …

1 year, 10 months ago

Resorted To "Parallel Banking": Jammu & Kashmir High Upholds Peon's Dismissal For Misappropriation Of Funds

Live Law

Observing that every bank employee is under solemn duty to protect the interest of the bank and to discharge his duties with utmost integrity, the Jammu and Kashmir and Ladakh High Court has upheld the dismissal of a peon from the Ellaquai Dehati Bank. A bench comprising Justice Wasim Sadiq Nargal observed, "The petitioner has betrayed the trust and confidence …

2 years, 3 months ago

"Attempt To Defraud The Bank": Bombay HC Upholds Dismissal Of Employee For Claiming Reimbursement Through Fake Medical Bills

Live Law

Observing that dismissal is proportionate punishment for his attempt to defraud the bank, the Bombay High Court upheld a peon's dismissal from Central Bank of India for claiming and receiving over 6 lakhs as reimbursement for medical bills from a non-operational medical shop. Further, the documents submitted to the labour court were merely records of domestic enquiry which had already …

7 years, 9 months ago

Delhi HC Tells Canara Bank To Pay Rs. 2.62-Lakh Compensation For Wrongful Attachment of Property [Read Judgment]

Live Law

The Delhi High Court, in the case of VK Bhatnagar vs Canara Bank and Anr, has directed the bank to compensate the petitioner for the trauma and humiliation caused due to wrongful attachment of his property because of the bank’s negligence arising due to mistaken identity.The petition was filed by VK Bhatnagar, whose property was wrongly attached by Canara Bank …

7 years, 9 months ago

Delhi HC Tells Canara Bank To Pay Rs. 2.62-Lakh Compensation For Wrongful Attachment of Property [Read Judgment]

Live Law

9 years, 6 months ago

Prosecution against an Economic Offender can continue even if he settles the amount with the bank: SC [Read the Judgment]

Live Law

To quash the proceeding merely on the ground that the accused has settled the amount with the bank would be a misplaced sympathy, the Supreme Court said while asking the Trial court to proceed with the trial in an economic offence case registered about two and half decades ago.The Supreme Court of India today, set aside a Delhi High Court …

14 years, 11 months ago

Advocate can file fresh plea against Quattrocchi

The Hindu

The Supreme Court on Tuesday permitted advocate Ajay Agrawal to file a fresh petition against Ottavio Quattrocchi, an accused in the Bofors payoff case, since his 2006 petition seeking court intervention to stop unfreezing of the Italian businessman's bank accounts in London had become infructuous. The application wanted a direction to the Centre to constitute a Special Investigation Team to …

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16 hours, 13 minutes ago