SlideShare a Scribd company logo
The obligation of a banker to honour his
customer’s cheque is extinguished (not accepted
or clear) on receipt of an order of the Court,
known as the Garnishee order, issued under
Order 21, Rule 46 of the Code of Civil Procedure,
1908.
 A court order instructing a garnishee (a bank)
that funds held on behalf of a debtor (the
judgement debtor) should not be released until
directed by the court. The order may also
instruct the bank to pay a given sum to the
judgement creditor (the person to whom a debt
is owed by the judgement debtor) from these
funds.
 If the debtor fails to pay the debt owned by
him to his creditor, the latter may apply to the
court for the issue of a garnshee order on the
banker of his debtor.
 The account of the customer with the banker,
thus, becomes suspended and the banker is
under an obligation not to make any payment
thereof.
 The creditor at whose request the order is
issued is called the judgment creditor; the
debtor whose money is frozen is called
judgment debtor and the banker who is the
debtor of the judgment debtor is called the
Garnishee.
 The Garnishee order is issued in two parts
The court directs
the banker to
stop payment
out of the
account of the
judgement-
debtor
ORDER NISHI
After the bank
file his
explanation, if
any, the court
may issue the
final order, called
ORDER
ABSOLUTE
 In case of order nisi the banker is prohibited
from paying the amount due to the customer n
the date of receipt of order nisi.
 Bank should in such a case immediately inform
the customer so that dishonour of any cheque
issued by him may be avoided.

More Related Content

What's hot

Dishonour of cheque
Dishonour of chequeDishonour of cheque
Dishonour of chequeDivya Kalra
 
Sarfaesi Act 2002
Sarfaesi Act 2002Sarfaesi Act 2002
Sarfaesi Act 2002
Abinash Mandilwar
 
DISHONOUR OF CHEQUES
DISHONOUR OF CHEQUESDISHONOUR OF CHEQUES
DISHONOUR OF CHEQUES
Kriace Ward
 
Collecting and paying banker
Collecting and paying bankerCollecting and paying banker
Collecting and paying banker
Abdul Qadir Bhamani
 
Rights and obligations of banker
Rights and obligations of bankerRights and obligations of banker
Rights and obligations of banker
DrSatishRadhakrishna1
 
Special types of banking customers
Special types of banking customersSpecial types of banking customers
Special types of banking customers
Haseena Hameed
 
Special type of customer of bank & principles
Special type of customer of bank & principlesSpecial type of customer of bank & principles
Special type of customer of bank & principles
MitikaAnjel
 
Special type of customer of bank
Special type of customer of bankSpecial type of customer of bank
Special type of customer of bank
Ritika kewalramani
 
Rights under garnishee order
Rights under garnishee orderRights under garnishee order
Rights under garnishee orderJefferson Arisi
 
Principle of lending
Principle of lendingPrinciple of lending
Principle of lendingAjay Bhatia
 
Banking Regulation Act, 1949
Banking Regulation Act, 1949Banking Regulation Act, 1949
Banking Regulation Act, 1949
Kajal Bansal
 
Banker customer relationship
Banker customer relationshipBanker customer relationship
Banker customer relationship
Abdul Qadir Bhamani
 
Memorandum of association
Memorandum of associationMemorandum of association
Memorandum of association
hanipatel0305
 
Duties of Collecting Banker
Duties of Collecting BankerDuties of Collecting Banker
Duties of Collecting Banker
L.Prakash Kannan
 
Insolvency and bankruptcy code, 2016
Insolvency and bankruptcy code, 2016Insolvency and bankruptcy code, 2016
Insolvency and bankruptcy code, 2016
Deborah Sharon
 
Winding up of company.pptx
Winding up of company.pptxWinding up of company.pptx
Winding up of company.pptx
Vidhya Aravindhan
 
Prospectus
ProspectusProspectus
Prospectus
Dr. Arun Verma
 
Oppression and Management
Oppression and ManagementOppression and Management
Oppression and Management
Srinivas Mittapelli
 

What's hot (20)

Dishonour of cheque
Dishonour of chequeDishonour of cheque
Dishonour of cheque
 
Sarfaesi Act 2002
Sarfaesi Act 2002Sarfaesi Act 2002
Sarfaesi Act 2002
 
Sarfaesi Act
Sarfaesi ActSarfaesi Act
Sarfaesi Act
 
DISHONOUR OF CHEQUES
DISHONOUR OF CHEQUESDISHONOUR OF CHEQUES
DISHONOUR OF CHEQUES
 
Collecting and paying banker
Collecting and paying bankerCollecting and paying banker
Collecting and paying banker
 
Rights and obligations of banker
Rights and obligations of bankerRights and obligations of banker
Rights and obligations of banker
 
Special types of banking customers
Special types of banking customersSpecial types of banking customers
Special types of banking customers
 
Special type of customer of bank & principles
Special type of customer of bank & principlesSpecial type of customer of bank & principles
Special type of customer of bank & principles
 
Special type of customer of bank
Special type of customer of bankSpecial type of customer of bank
Special type of customer of bank
 
Rights under garnishee order
Rights under garnishee orderRights under garnishee order
Rights under garnishee order
 
Principle of lending
Principle of lendingPrinciple of lending
Principle of lending
 
Chapter 4
Chapter 4Chapter 4
Chapter 4
 
Banking Regulation Act, 1949
Banking Regulation Act, 1949Banking Regulation Act, 1949
Banking Regulation Act, 1949
 
Banker customer relationship
Banker customer relationshipBanker customer relationship
Banker customer relationship
 
Memorandum of association
Memorandum of associationMemorandum of association
Memorandum of association
 
Duties of Collecting Banker
Duties of Collecting BankerDuties of Collecting Banker
Duties of Collecting Banker
 
Insolvency and bankruptcy code, 2016
Insolvency and bankruptcy code, 2016Insolvency and bankruptcy code, 2016
Insolvency and bankruptcy code, 2016
 
Winding up of company.pptx
Winding up of company.pptxWinding up of company.pptx
Winding up of company.pptx
 
Prospectus
ProspectusProspectus
Prospectus
 
Oppression and Management
Oppression and ManagementOppression and Management
Oppression and Management
 

Viewers also liked

How ATM card skimming and PIN capturing scams work.
How ATM card skimming and PIN capturing scams work.How ATM card skimming and PIN capturing scams work.
How ATM card skimming and PIN capturing scams work.
worldstuff
 
Commercial Bkg
Commercial BkgCommercial Bkg
Commercial Bkgdeepakalld
 
Negotiable instrument act 1881 & Types of Negotiable Instrument
Negotiable instrument act 1881 & Types of Negotiable Instrument Negotiable instrument act 1881 & Types of Negotiable Instrument
Negotiable instrument act 1881 & Types of Negotiable Instrument
Priyanka Jagtap
 
The New Age Of Atm Concept
The New Age Of Atm ConceptThe New Age Of Atm Concept
The New Age Of Atm Conceptdorami
 
Modern banking
Modern bankingModern banking
Modern banking
simran sakshi
 
Bill of Exchange
Bill of ExchangeBill of Exchange
Bill of Exchange
faisalajmeri_
 
Forms and Functions of Modern Banking
Forms and Functions of Modern BankingForms and Functions of Modern Banking
Forms and Functions of Modern Banking
Brian Coil
 

Viewers also liked (9)

How ATM card skimming and PIN capturing scams work.
How ATM card skimming and PIN capturing scams work.How ATM card skimming and PIN capturing scams work.
How ATM card skimming and PIN capturing scams work.
 
Commercial Bkg
Commercial BkgCommercial Bkg
Commercial Bkg
 
Negotiable instrument act 1881 & Types of Negotiable Instrument
Negotiable instrument act 1881 & Types of Negotiable Instrument Negotiable instrument act 1881 & Types of Negotiable Instrument
Negotiable instrument act 1881 & Types of Negotiable Instrument
 
The New Age Of Atm Concept
The New Age Of Atm ConceptThe New Age Of Atm Concept
The New Age Of Atm Concept
 
Modern banking
Modern bankingModern banking
Modern banking
 
Bill of Exchange
Bill of ExchangeBill of Exchange
Bill of Exchange
 
Bank Overdraft
Bank OverdraftBank Overdraft
Bank Overdraft
 
Forms and Functions of Modern Banking
Forms and Functions of Modern BankingForms and Functions of Modern Banking
Forms and Functions of Modern Banking
 
Crossing Of Cheques
Crossing Of ChequesCrossing Of Cheques
Crossing Of Cheques
 

Similar to Garnishee order

BANKING p (2)
BANKING p (2)BANKING p (2)
Recoveries & Foreclosures.ppt
Recoveries & Foreclosures.pptRecoveries & Foreclosures.ppt
Recoveries & Foreclosures.ppt
eloncrypto45
 
Payment of cheques chapter 1
Payment of cheques chapter 1Payment of cheques chapter 1
Payment of cheques chapter 1
Nayan Vaghela
 
Banking theory law and practice
Banking theory law and practiceBanking theory law and practice
Banking theory law and practice
sathukarthi
 
Paying banker and collecting banker
Paying banker and collecting bankerPaying banker and collecting banker
Paying banker and collecting banker
MohanM97
 
Banking
BankingBanking
Banking
Kashyap Joshi
 
BANKER CUSTOMER RELATIONSHIP.pptx
BANKER CUSTOMER RELATIONSHIP.pptxBANKER CUSTOMER RELATIONSHIP.pptx
BANKER CUSTOMER RELATIONSHIP.pptx
AviralMathur9
 
Business Law - Bankers and Cheques
Business Law - Bankers and ChequesBusiness Law - Bankers and Cheques
Business Law - Bankers and Chequesvinaya.hs
 
Negotiable instruments
Negotiable instrumentsNegotiable instruments
Negotiable instruments
ArifulIslam486
 
Paying banker and its duties
Paying banker and its dutiesPaying banker and its duties
Paying banker and its duties
L.Prakash Kannan
 
Project of LEGAL ASPECTS OF BUSINESS
Project of LEGAL ASPECTS OF BUSINESSProject of LEGAL ASPECTS OF BUSINESS
Project of LEGAL ASPECTS OF BUSINESS
Harin Sagar
 
Lecture 3
Lecture 3Lecture 3
BOUNCING OF CHEQUE
BOUNCING OF CHEQUEBOUNCING OF CHEQUE
BOUNCING OF CHEQUE
mansi shukla
 
Negotiable instruments act
Negotiable instruments actNegotiable instruments act
Negotiable instruments act
joel jebadurai
 
Collecting and paying banker
Collecting and paying bankerCollecting and paying banker
Collecting and paying banker
Abdul Qadir Bhamani
 
Cheque payment
Cheque paymentCheque payment
Cheque payment
Inamullah Khan
 
SPECIALLAWS commercial laws patent banking laws
SPECIALLAWS commercial laws patent banking lawsSPECIALLAWS commercial laws patent banking laws
SPECIALLAWS commercial laws patent banking laws
PabloEschoval
 
Bounced cheque no longer punishable by law in UAE
Bounced cheque no longer punishable by law in UAEBounced cheque no longer punishable by law in UAE
Bounced cheque no longer punishable by law in UAE
AhmedTalaat127
 
Collection of cheque chapter 2
Collection of cheque chapter 2Collection of cheque chapter 2
Collection of cheque chapter 2
Nayan Vaghela
 

Similar to Garnishee order (20)

BANKING p (2)
BANKING p (2)BANKING p (2)
BANKING p (2)
 
Recoveries & Foreclosures.ppt
Recoveries & Foreclosures.pptRecoveries & Foreclosures.ppt
Recoveries & Foreclosures.ppt
 
Payment of cheques chapter 1
Payment of cheques chapter 1Payment of cheques chapter 1
Payment of cheques chapter 1
 
Banking theory law and practice
Banking theory law and practiceBanking theory law and practice
Banking theory law and practice
 
Paying banker and collecting banker
Paying banker and collecting bankerPaying banker and collecting banker
Paying banker and collecting banker
 
Banking
BankingBanking
Banking
 
BANKER CUSTOMER RELATIONSHIP.pptx
BANKER CUSTOMER RELATIONSHIP.pptxBANKER CUSTOMER RELATIONSHIP.pptx
BANKER CUSTOMER RELATIONSHIP.pptx
 
Business Law - Bankers and Cheques
Business Law - Bankers and ChequesBusiness Law - Bankers and Cheques
Business Law - Bankers and Cheques
 
Negotiable instruments
Negotiable instrumentsNegotiable instruments
Negotiable instruments
 
Paying banker and its duties
Paying banker and its dutiesPaying banker and its duties
Paying banker and its duties
 
P.karthiga
P.karthigaP.karthiga
P.karthiga
 
Project of LEGAL ASPECTS OF BUSINESS
Project of LEGAL ASPECTS OF BUSINESSProject of LEGAL ASPECTS OF BUSINESS
Project of LEGAL ASPECTS OF BUSINESS
 
Lecture 3
Lecture 3Lecture 3
Lecture 3
 
BOUNCING OF CHEQUE
BOUNCING OF CHEQUEBOUNCING OF CHEQUE
BOUNCING OF CHEQUE
 
Negotiable instruments act
Negotiable instruments actNegotiable instruments act
Negotiable instruments act
 
Collecting and paying banker
Collecting and paying bankerCollecting and paying banker
Collecting and paying banker
 
Cheque payment
Cheque paymentCheque payment
Cheque payment
 
SPECIALLAWS commercial laws patent banking laws
SPECIALLAWS commercial laws patent banking lawsSPECIALLAWS commercial laws patent banking laws
SPECIALLAWS commercial laws patent banking laws
 
Bounced cheque no longer punishable by law in UAE
Bounced cheque no longer punishable by law in UAEBounced cheque no longer punishable by law in UAE
Bounced cheque no longer punishable by law in UAE
 
Collection of cheque chapter 2
Collection of cheque chapter 2Collection of cheque chapter 2
Collection of cheque chapter 2
 

Recently uploaded

what is the best method to sell pi coins in 2024
what is the best method to sell pi coins in 2024what is the best method to sell pi coins in 2024
what is the best method to sell pi coins in 2024
DOT TECH
 
Introduction to Indian Financial System ()
Introduction to Indian Financial System ()Introduction to Indian Financial System ()
Introduction to Indian Financial System ()
Avanish Goel
 
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
Falcon Invoice Discounting
 
how to sell pi coins in South Korea profitably.
how to sell pi coins in South Korea profitably.how to sell pi coins in South Korea profitably.
how to sell pi coins in South Korea profitably.
DOT TECH
 
Webinar Exploring DORA for Fintechs - Simont Braun
Webinar Exploring DORA for Fintechs - Simont BraunWebinar Exploring DORA for Fintechs - Simont Braun
Webinar Exploring DORA for Fintechs - Simont Braun
FinTech Belgium
 
Intro_Economics_ GPresentation Week 4.pptx
Intro_Economics_ GPresentation Week 4.pptxIntro_Economics_ GPresentation Week 4.pptx
Intro_Economics_ GPresentation Week 4.pptx
shetivia
 
US Economic Outlook - Being Decided - M Capital Group August 2021.pdf
US Economic Outlook - Being Decided - M Capital Group August 2021.pdfUS Economic Outlook - Being Decided - M Capital Group August 2021.pdf
US Economic Outlook - Being Decided - M Capital Group August 2021.pdf
pchutichetpong
 
how to swap pi coins to foreign currency withdrawable.
how to swap pi coins to foreign currency withdrawable.how to swap pi coins to foreign currency withdrawable.
how to swap pi coins to foreign currency withdrawable.
DOT TECH
 
how to sell pi coins effectively (from 50 - 100k pi)
how to sell pi coins effectively (from 50 - 100k  pi)how to sell pi coins effectively (from 50 - 100k  pi)
how to sell pi coins effectively (from 50 - 100k pi)
DOT TECH
 
Isios-2024-Professional-Independent-Trustee-Survey.pdf
Isios-2024-Professional-Independent-Trustee-Survey.pdfIsios-2024-Professional-Independent-Trustee-Survey.pdf
Isios-2024-Professional-Independent-Trustee-Survey.pdf
Henry Tapper
 
The secret way to sell pi coins effortlessly.
The secret way to sell pi coins effortlessly.The secret way to sell pi coins effortlessly.
The secret way to sell pi coins effortlessly.
DOT TECH
 
This assessment plan proposal is to outline a structured approach to evaluati...
This assessment plan proposal is to outline a structured approach to evaluati...This assessment plan proposal is to outline a structured approach to evaluati...
This assessment plan proposal is to outline a structured approach to evaluati...
lamluanvan.net Viết thuê luận văn
 
what is the future of Pi Network currency.
what is the future of Pi Network currency.what is the future of Pi Network currency.
what is the future of Pi Network currency.
DOT TECH
 
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
beulahfernandes8
 
Commercial Bank Economic Capsule - May 2024
Commercial Bank Economic Capsule - May 2024Commercial Bank Economic Capsule - May 2024
Commercial Bank Economic Capsule - May 2024
Commercial Bank of Ceylon PLC
 
how to sell pi coins at high rate quickly.
how to sell pi coins at high rate quickly.how to sell pi coins at high rate quickly.
how to sell pi coins at high rate quickly.
DOT TECH
 
where can I find a legit pi merchant online
where can I find a legit pi merchant onlinewhere can I find a legit pi merchant online
where can I find a legit pi merchant online
DOT TECH
 
The European Unemployment Puzzle: implications from population aging
The European Unemployment Puzzle: implications from population agingThe European Unemployment Puzzle: implications from population aging
The European Unemployment Puzzle: implications from population aging
GRAPE
 
PF-Wagner's Theory of Public Expenditure.pptx
PF-Wagner's Theory of Public Expenditure.pptxPF-Wagner's Theory of Public Expenditure.pptx
PF-Wagner's Theory of Public Expenditure.pptx
GunjanSharma28848
 
Introduction to Value Added Tax System.ppt
Introduction to Value Added Tax System.pptIntroduction to Value Added Tax System.ppt
Introduction to Value Added Tax System.ppt
VishnuVenugopal84
 

Recently uploaded (20)

what is the best method to sell pi coins in 2024
what is the best method to sell pi coins in 2024what is the best method to sell pi coins in 2024
what is the best method to sell pi coins in 2024
 
Introduction to Indian Financial System ()
Introduction to Indian Financial System ()Introduction to Indian Financial System ()
Introduction to Indian Financial System ()
 
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
innovative-invoice-discounting-platforms-in-india-empowering-retail-investors...
 
how to sell pi coins in South Korea profitably.
how to sell pi coins in South Korea profitably.how to sell pi coins in South Korea profitably.
how to sell pi coins in South Korea profitably.
 
Webinar Exploring DORA for Fintechs - Simont Braun
Webinar Exploring DORA for Fintechs - Simont BraunWebinar Exploring DORA for Fintechs - Simont Braun
Webinar Exploring DORA for Fintechs - Simont Braun
 
Intro_Economics_ GPresentation Week 4.pptx
Intro_Economics_ GPresentation Week 4.pptxIntro_Economics_ GPresentation Week 4.pptx
Intro_Economics_ GPresentation Week 4.pptx
 
US Economic Outlook - Being Decided - M Capital Group August 2021.pdf
US Economic Outlook - Being Decided - M Capital Group August 2021.pdfUS Economic Outlook - Being Decided - M Capital Group August 2021.pdf
US Economic Outlook - Being Decided - M Capital Group August 2021.pdf
 
how to swap pi coins to foreign currency withdrawable.
how to swap pi coins to foreign currency withdrawable.how to swap pi coins to foreign currency withdrawable.
how to swap pi coins to foreign currency withdrawable.
 
how to sell pi coins effectively (from 50 - 100k pi)
how to sell pi coins effectively (from 50 - 100k  pi)how to sell pi coins effectively (from 50 - 100k  pi)
how to sell pi coins effectively (from 50 - 100k pi)
 
Isios-2024-Professional-Independent-Trustee-Survey.pdf
Isios-2024-Professional-Independent-Trustee-Survey.pdfIsios-2024-Professional-Independent-Trustee-Survey.pdf
Isios-2024-Professional-Independent-Trustee-Survey.pdf
 
The secret way to sell pi coins effortlessly.
The secret way to sell pi coins effortlessly.The secret way to sell pi coins effortlessly.
The secret way to sell pi coins effortlessly.
 
This assessment plan proposal is to outline a structured approach to evaluati...
This assessment plan proposal is to outline a structured approach to evaluati...This assessment plan proposal is to outline a structured approach to evaluati...
This assessment plan proposal is to outline a structured approach to evaluati...
 
what is the future of Pi Network currency.
what is the future of Pi Network currency.what is the future of Pi Network currency.
what is the future of Pi Network currency.
 
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
The Evolution of Non-Banking Financial Companies (NBFCs) in India: Challenges...
 
Commercial Bank Economic Capsule - May 2024
Commercial Bank Economic Capsule - May 2024Commercial Bank Economic Capsule - May 2024
Commercial Bank Economic Capsule - May 2024
 
how to sell pi coins at high rate quickly.
how to sell pi coins at high rate quickly.how to sell pi coins at high rate quickly.
how to sell pi coins at high rate quickly.
 
where can I find a legit pi merchant online
where can I find a legit pi merchant onlinewhere can I find a legit pi merchant online
where can I find a legit pi merchant online
 
The European Unemployment Puzzle: implications from population aging
The European Unemployment Puzzle: implications from population agingThe European Unemployment Puzzle: implications from population aging
The European Unemployment Puzzle: implications from population aging
 
PF-Wagner's Theory of Public Expenditure.pptx
PF-Wagner's Theory of Public Expenditure.pptxPF-Wagner's Theory of Public Expenditure.pptx
PF-Wagner's Theory of Public Expenditure.pptx
 
Introduction to Value Added Tax System.ppt
Introduction to Value Added Tax System.pptIntroduction to Value Added Tax System.ppt
Introduction to Value Added Tax System.ppt
 

Garnishee order

  • 1. The obligation of a banker to honour his customer’s cheque is extinguished (not accepted or clear) on receipt of an order of the Court, known as the Garnishee order, issued under Order 21, Rule 46 of the Code of Civil Procedure, 1908.
  • 2.  A court order instructing a garnishee (a bank) that funds held on behalf of a debtor (the judgement debtor) should not be released until directed by the court. The order may also instruct the bank to pay a given sum to the judgement creditor (the person to whom a debt is owed by the judgement debtor) from these funds.
  • 3.  If the debtor fails to pay the debt owned by him to his creditor, the latter may apply to the court for the issue of a garnshee order on the banker of his debtor.  The account of the customer with the banker, thus, becomes suspended and the banker is under an obligation not to make any payment thereof.
  • 4.  The creditor at whose request the order is issued is called the judgment creditor; the debtor whose money is frozen is called judgment debtor and the banker who is the debtor of the judgment debtor is called the Garnishee.
  • 5.  The Garnishee order is issued in two parts The court directs the banker to stop payment out of the account of the judgement- debtor ORDER NISHI After the bank file his explanation, if any, the court may issue the final order, called ORDER ABSOLUTE
  • 6.  In case of order nisi the banker is prohibited from paying the amount due to the customer n the date of receipt of order nisi.  Bank should in such a case immediately inform the customer so that dishonour of any cheque issued by him may be avoided.