Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.S.RAMACHANDRA RAO, RAJESH SHANKAR
Chet Lal Mahto, son of Shri Bhawani Mahto, Chairman, Land Looser Sahyog Samitee Limited – Appellant
Versus
Allahabad Bank, Netaji Subhash Road, Kolkata – Respondent
JUDGMENT :
RAJESH SHANKAR ---
1. The present appeal is directed against the order/judgment dated 17.04.2018 passed in W.P. (C) No. 4238 of 2012 whereby the said writ petition filed by the petitioner/original appellant- Lal Chand Mahto (since deceased) was disposed of directing the respondent- Allahabad Bank (now Indian Bank) (hereinafter referred as the said Bank) to hand over the certified copy of the sale deed to the original appellant with an undertaking that if the lost document was mis- utilized by any person, the said bank would compensate him for any loss incurred on account of misuse of the original sale deed.
2. Learned counsel for the appellant has submitted that the original appellant (the then Chairman of ‘Land Looser Sahyog Samiti Limited’) along with the present appellant being the partners of ‘Displaced Transport Company’, had taken loan from the said Bank by depositing the original sale deed in question and other original papers of the concerned land by way of usufructuary/equitable mortgage. They repaid the loan amount much before the stipulated time and thereafter approached the said Bank to return the original sale deed and other documents pertaining to their land,
Banks have a legal responsibility to safeguard original title documents and are liable for any losses incurred due to negligence in their custody.
Home Loan – Reduction in sale consideration, though indicative of financial prejudice, cannot be wholly attributed to loss of Title Documents or quantified solely on the basis of sale documents.
Original documents - As per minimum standards of banking procedures, the bank should return the original documents collected from the loan borrower. In case of lost, the bank has to help to take dupl....
Consumer Dispute – By no stretch of imagination, the receipt of amount more than Rs.20,000/- without cheque is not relevant issue for adjudication of the consumer disputes between the respondent and ....
Provisions of Section 65 of the Act 1872 provide for permitting the parties to adduce secondary evidence. However, such a course is subject to a large number of limitations. In a case where original ....
Loss of Sale Deed - There is no doubt that the Petitioner Bank was responsible for the loss of the Sale Deed. The Petitioner being entrusted with the document relating to the Property of the Responde....
The main legal point established in the judgment is the presumption of genuineness attached to a registered document and the burden of proof in challenging its validity.
The court affirmed the authority to award liquidated damages under Reserve Bank of India guidelines for delays in document release, emphasizing the inadequacy of initial compensation.
The registered Sale Deed could not be overridden by any oral agreement, and the appellant failed to prove that the Sale Deed was executed as security for the loan amount.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
