Recovery of Money only on basis of Bank Transaction
Can anybody recover money of from you merely on the basis of bank transaction is it possible?
the money cannot be recovered if there is a cash transactions with no written instruments in between the parties in Hindi we call it ni likhit padat.
But what is the situation in case there is a bank transactions and money is actually was transferred by way of cheque or by NEFT transactions, can recovery is possible in this scenario. Many people come and overwhelmingly tell that the money they have transferred was by cheque or NEFT and their case is strong for the recovery of money. The answer is clear no.
In view of Section 34 of Indian Evidence Act, 1872, a mere entry in the statement of account is not sufficient to fasten any liability and the entries in the statement of account have to be proved by means of the documents/vouchers of the transaction.
M/S. J.K. SYNTHETICS LTD…..versus M/S. DYNAMIC CEMENT TRADERS
Therefore as per the High court decision on bank transaction, mere transaction cannot help to fasten liability.
Advocate Nitish Banka
If you are a startup or an E-commerce company providing a services rendered by third parties then this is an important article for you-
Ever wondered why you need a privacy agreement, user agreement or third party agreement on your website, some of the think its such a waste to have them on their website but if you are an E-commerce company providing a services rendered by third parties this is an important feature to prevent you from legal liabilities that may arise due to unlawful activities done by your third party vendors.
How? Read Below.
Section 79 of the IT act talks about the exception from liability of intermediaries, meaning thereby the intermediaries will not be held responsible for any of the unlawful acts done by the third party on your website. It is an exception/immunity section specifically for the intermediaries, Section 79(2)(c) talks about a responsibility of due diligence on the part of intermediaries.
Now what due diligence intermediaries have to take?
Section 79(2)(c) of the IT act talks about due diligence which are mentioned in guidelines of the central government framed by the central government with respect to intermediaries. Under such guidelines and under rule-3 of the guidelines
Here are some judgments which deals with No Maintenance to professionally working wife
If both husband and wife equally qualified
“no law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning. ”