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...unfair trade practice. The cause of action arose out of a dispute between the holders of the fixed deposit account opened and operated jointly and the same is purely in the nature of a civil dispute Who...withdrawal of interest between the joint account holders. The contention that his son K.P Vinod Kumar is only the nominee is false and hence denied. From the very beginning the account was opened and...accordance with the relevant rules and laws. One of the joint account holders of an account which is operated jointly has no right to operate the account independently in the absence of joint inst...
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6. From the perusal of the contentions of learned counsel for both the parties, this Commission has observed that the main dispute between the parties is regarding the insurance of the husband of ...the opposite party bank. Learned counsel for the complainant has argued that the complainant and her husband were the joint account...photocopy of her passbook as Ex.C1, according to which the complainant is the account holder and it is nowhere mentioned in the passbook that the complainant and her husband are joint account holder of...
...holder with Opp. Party Nos. 1 to 3. As per the contract following the provisions contained in Rule 29 of the aforesaid Rules, as quoted hereinabove, all the joint account holders are authorized to...account rules, 1981. The Opp, Parties have also further averred that there appears to be a dispute between the account holders due to personal rivalry & such dispute cannot be looked into by t...is no dispute that the accounts opened by the Petitioner are in nature of joint 'B' type. The opening of the aforesaid accounts are in nature of contract between the Petitioner.& the joint account...
...Investigating Officer shows that the petitioner withdrew the money from the bank in installments in between the years 2013 2017. There is no dispute that money was kept in the joint account of the petitioner...and the complainant and therefore when one of the account holders withdrew money, does it amount to cheating or not is a matter to be established by the prosecution. At this stage, I do not find any...of the complainant. What he reported to the police was that an amount of Rs.19,50,000/- was awarded in connection with acquisition of their land in Sy.No.22/16 and this amount was kept in the joint...
...joint account all the account holders have to put their signatures for the withdrawal slips or cheques for withdrawing the amount from joint account. Therefore it cannot be said that there is any ...signature of three joint account holders was necessary. OP-3 has acted according to instructions of OP-4 for the reason that the complainant No.1 had filed PCR No.10544 before the 4th...son of complainant No.2. He is holding a joint account with complainant No.1 and 2. An amount of Rs.8,00,000/- was deposited in OP-1 bank on 18.06.2004. The FD receipts and original pass book of SB...
...Attorney Holder and hence stand taken by the Complainant Kamlesh Mody has locus standi are false and denied by the Complainant. It is further submitted that Mr. Kamlesh Mody are one of the joint Account Holder of the FDs opened and ...further submitted that as there arouse disputes between joint Deposit Holders and neither in the letter dtd. 27/9/2001 nor in A/c Opening Form, it was mentioned that Kamlesh Mody are only Power Of...dispute are dissolved between the Deposit Holders, the Opponents are not in a position to release payment of FDs in favour of the Complainant, ignoring the interest of...
...discharge by paying the balance of a joint account to the survivor or survivors. But that will not solve the dispute between the survivor and the legal heirs of the deceased. In the case of joint deposits,...& 2 and their son Dilbagh Singh had opened a joint account in the Bank on either or survivor basis and that a sum of Rs.3,50,199/- was lying deposited in that account. It did not dispute that the...already pending before the NRI Police Station, Amritsar. In order to save the interest of each account holder, this saving account was freezed till the resolving of dispute between the parties...
...case, would make the decree in his favour alone final, and this can, in no circumstances, have a repercussion on the decision of the controversy between the appellant and the other decree-holders or on...the execution of the ultimate decree between them.8. The difficulty arises always when there is a joint decree. Here again, the consensus of opinion is that if the...Labhu Ram had abated. To get rid of the joint decree, it was essential for the appellant, the State of Punjab, to implead both the joint-decree holders in the appeal. In the absence of one joint-decree...
...provisios of Order41, Rule 4 of the Code of Civil Procedure and on that account they were competent to continue the appeal, even after the death of one of the joint decree-holders and abatement of the...to be prosecuted, even though one of the joint decree-holders impleaded as a party-respondent had not been served with the notice of appeal. In the present case one of the respondents had died and...appeal is preferred with certificate granted by the High Court.3. The decree in favour of Mahabir Prasad, Gunwanti Devi and Saroj Devi was a joint decree. Order 41, Rule 4 of...
...maturity of the fixed deposit may be paid to either of the account-holders by the bank in order to obtain a valid discharge. In other words, under a tripartite agreement between the joint account...pay the loan. The banker has no right to set off the credit balance in the joint account except in respect of another joint account of the same parties (ibid.). The difference between the joint fi...-holders inter se and the bank, the bank may, on maturity, make payment only to either of them. This tripartite agreement cannot be bilaterally modified by one of the joint account-holders for example by...
...Chinnappa Reddy, J.— The Central Government, the appropriate Government within the meaning of Section 2(a) of the Industrial Disputes Act, referred the following dispute for...which have become quite the fashion to be raised by all employers, particularly public sector corporations, whenever an industrial dispute is referred to a tribunal for adjudication. One objection is that...there is no industry, a second that there is no industrial dispute and the third that the workman is no workman. It is a pity that when the Central Government, in all solemnity, refers an industrial...
...the joint decree-holders to levy execution for a fraction of the decree. Nor can the Court at the instance of the judgment-debtor be asked to decide a dispute between the decree-holders inter se. If...such an enquiry and does so proceed to make the enquiry it would in effect be deciding a suit for partition between the joint decree-holders with reference to the property, which is the subject-matter of...in a partition suit between the joint decree-holders. It is true that, incidentally, determination of such a question would be a point in relation to the execution, discharge or satisfaction of a...
...made to all joint decree holders and that one of several joint decree holders cannot give a valid discharge of the entire decree without the concurrence of the others. ..”2. Here the...decree and has to be executed as such. If the shares of the decree holders are apparent on the face of the decree either expressly or by necessary implication, it is not setrictly speaking a joint...from the judgment debtor or judgment debtors. The reason is such a decree is a joint one and none of the decree holders has any defined share as such. The payment and satisfaction could be either in...
...in their favour stood extinguished on account of the two re-grant orders dated 31-3-1973 and 1-4-1973 made by the State in favour of the original holders (three Patil) and, therefore, in the light of...case.32. As mentioned above, the appellant alone was contesting the suit as Defendant 18. It is not in dispute that original holders (three Patil) did not contest the...get these issues adjudicated. In other words, by the time the original holders (three Patil) approached the civil court, their all rights in the suit land itself got extinguished on account of efflux...
...challenging the Resolution of the Board dated 17-4-1979, the joint provisional seniority list dated 11-8-1989 and ad hoc promotion of the diploma-holders with AMIE. The writ petition was allowed by a...Project Engineer (Junior) came to acquire the upgraded post of Project Engineer (Senior).15. On account of the present dispute raised by appellants K.K Dixit and some...respect of Question 3.20. Further dispute between the parties is in respect of issues arising out of Question 2. The primal question which requires to be answered is whether...
...circumstances, have a repercussion, on the decision of the controversy between the appellant and the other decree-holders or on the execution of the ultimate decree between them...the attempt of the other party to interfere with the joint right decreed in his favour. The abatement of an appeal means not only that the decree between the appellant and the deceased respondent has...absence of one of the joint decree-holders due to his death and omission to bring on record the legal representatives, the State cannot get rid of the joint decree and therefore the State appeal against...
...K. Ramaswamy, J.— This batch of appeals raise common question of law, though the High Court of Bombay had decided several appeals by separate judgments. On this account they...Suit No. 79 of 1967 on the file of Civil Judge (Senior Division) Kolhapur, died on 31-10-1956. Balwant was the eldest male member in the joint family consisting of himself and Anna Saheb. Their sister is...clauses (a) to (e) that arise between the parties, after giving to the affected party an opportunity of being heard and after holding an inquiry. His decision on the question, subject to a decision on...
...identity between the contributors and the participators to the fund, and hence treated the amount received by it as interest as taxable business income. On appeal by the assessee, the Commissioner of...English & Scottish Joint Coop. Wholesale Society Ltd. v. CIT (Ag) (1947-48) 75 IA 196...to fall within the ambit of the principle of mutuality. According to the learned counsel, there is a complete identity between the contributors to the fund and the assessee and the recipients from...
...-diploma-holders and they form and constitute one common cadre known as Lineman and in the same scale of Rs 110-330. The seniority list of all these Linemen is common and joint. It has been further alleged...that Defendant 1 had been promoting officials from Linemen to the Line Superintendent on a pick and choose basis in consideration of the qualifications by fixing a quota between the diploma-holders and...non-diploma-holders and this has resulted in arbitrary discrimination between the diploma holder and non-diploma-holder Linemen thereby adversely affecting the promotional prospect of the non-diploma...
...share is not in dispute. Otherwise the executing court cannot find out the shares of the decree-holders and dispute between joint decree-holders is foreign to the provisions of Section 47 CPC. Ord.... A joint decree can be executed as a whole since it is not divisible and it can be executed in part only where the shares of the decree-holders are defined or those shares can be predicted or the...present case such an event having taken place to the extent of the undivided share of the coparceners of the joint family, decree passed in favour of the appellants cannot be executed. If that is so, the...