MPID Act read as under:
"3. Fraudulent default by Financial Establishment - Any Financial Establishment, which fraudulently defaults any repayment of deposit on maturity along ... disputed that the deficiencies attributed to the opposite party constitutes fraudulent default by a Financial Establishment within the meaning of the aforesaid Act and therefore
caused such loss, misdelivery, delay or damage by some
fraudulent act or willful act or default.
In other words, the person who has committed ... that
the loss or damage was caused due to fraudulent or willful act or default of such an officer, nor any
of the employees
delay or
damage unless it is caused due to fraudulent or wilful act or default on the
part of OP. It was further submitted
that ... proved loss or misdelivery of the registered article due to fraudulent
wilful act or default on the part of petitioner and in such circumstances
Section 2(d) . Section 3 of the Act makes
'Fraudulent default by Financial Establishment' a penal offence making liable
every person including
Section 2(e) of WBPIDFE Act and
the Company failed or fraudulently defaulted in payment of deposit after specified
period ... Government is satisfied that any financial establishment
committing a default in repayment of deposit fraudulently, has transferred
(whether after the commencement
unless their liability is
fastened on account of any fraudulent or wilfull act or default. It was
also held therein that Section 6 grants immunity ... unless their liability is
fastened on account of any fraudulent or wilfull act or default. It was
also held therein that Section 6 grants immunity
damage, unless he has caused
the same fraudulently or by his willful act or default".
Vide Notification dated 21/1/1999, the Indian Post ... post office (Respondents herein) to prove that there is no
fraudulent or wilful default on its part. However, on perusal of record,
the Respondents failed
damage, unless he has caused the same fraudulently or by his willful act or default."
8. After going through the facts of the case ... damage, unless he has caused the same fraudulently or by his willful act or default.
Statement of Objects And Reasons
damage, unless he has caused the same fraudulently or by his willful act or default."
The Section is in two parts. The first part ... misdelivery, delay or damage, etc. had been caused fraudulently or by the willful act or default of such an employee. Thus, a plain reading
course of transmission by post unless it is caused
fraudulently by willful act or default under Section 6 of Indian Post
Office Act. The complainant ... booked parcel was
solely due to willful act or default caused fraudulently by OP and
hence liability of OP is exempted under Section
