85..A Collecting banker should act in good faith. He should collect cheques only for his customer Cheques should have been crossed (Generally or specially) Without negligence he should act.
86.. A banker may have both the roles of Collecting as well as Paying banker. A Collecting banker has to collect only for his Customer whereas the Paying banker to ensure that the payment is a payment in due course. A Collecting banker to ensure that he collects such cheques which bear the Crossing whereas the paying banker is concerned about the regularity of endorsements.
87.. For both Collecting banker as well as Paying banker will have to act in good faith and without negligence. Collecting banker has to ensure that the payment is collected for the concerned customer. Whereas Paying banker to ensure that payment is not made to a wrong person.
88.. The banker to understand his customer properly / adequately and the collecting banker should not act in a haste or in a casual manner. The proper identification and opening of account with due care assumes lot of importance. A collecting banker cannot avoid his responsibility, even at a later date, when it is proved that the account opened was not properly opened.
89.. There is no bar as such to collect a third party cheque. However, an account payee crossed cheque, the collecting banker not to collect for a third party. He has to make necessary enquiries before any third party cheques are collected on behalf of its customer and ensure that his customer has the right to get such payment.
90.. Bank E has collected an uncrossed cheque for his customer J. However, before collecting he has affixed his bank’s crossing seal (using the rubber stamp) .The banker a.. Will get protectionb.. Will not get protectionc.. Will get protection, since the act allows a special crossing also
91..A collecting bank has collected a cheque, the crossing was in favor of another banker. a.. The paying bank can make the payment since it has been collected by a bank.b.. The drawee bank not to payc.. The Collecting bank is not in order in collecting such a crossed chequed.. Both b & c
92.. Customer W of a bank has lost the Fixed Deposit receipt. To obtain a duplicate deposit receipt among other things, W executed an indemnity. W is known asa.. Surety b.. Guarantorc.. Indemnifier d.. Indemnified
93.. A contract of indemnity has two parties... Indemnifier and indemnified.. The indemnifier has to make good the loss as soon as it occurs... There are only two parties to a contract of indemnity and hence only one contract... An indemnity is for the reimbursement of loss
94.. IN an indemnity the risk is contingent whereas in a guarantee the liability is subsisting.b.. The above is incorrectc.. For indemnity the risk is subsisting and for guarantee the liability is contingent.d.. For both risk contingent and liability subsisting
95..The banker obtains indemnity to safeguard their interests . Indemnities obtained by them on account ofa.. Issue of duplicate demand draftc.. While settling the death claims in which minors’ interest is involvedd.. In all the above cases
96..The party who is entitled to be compensated by the indemnifier for any loss caused the indemnity holder due to any act on the part of the indemnifier or a third party, also called the indemnified,a.. Surety b.. Indemnity holderc.. Guarantor d.. None of these
97..Issuing of Bank guarantees is one of the functions of a banker. The bank to secure the bank guarantee, in addition to necessary securities, will have to obtain a Counter guarantee or Counter indemnity to safe guard their interest
98..Bank guarantee is the commitment given by the issuing bank (Guarantor) to the beneficiary. If the claim is made by the beneficiary within the guarantee period and as per the terms and conditions of the bank guarantee, then the bank should make the payment without fail and also without any delay.
Do'stlaringiz bilan baham:
|
