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1 to 19 of 19 Queries

Query Id is 227
X (an employee of a bank) received an advertisement regarding a new anti virus (developed by a company based in Calcutta)and an invitation to visit the developing company's website. The site said that X could purchase and download the software through the internet and pay by credit card. There was a link leading to terms and conditions of the sale but it was not necessary to view these conditions to place the order. Later X found that the terms were as follows: All disputes are subject to the exclusive jurisdiction of the city civil court in Calcutta The company is not responsible for any damage caused due to the incompatibility of the software with any others. (A list of file extensions earlier proved incompatible were included, in another link). The company's liability is limited to refund of the purchase money. X didn't read all this till later and purchased the virus scan. All files with a particular extension (included in the list) were deleted and the system crashed. The bank has suffered losses and has lost several customers. It has filed a suit for damages in the City civil court of Bangalore. Is the suit maintainable and on what grounds? (22-Jun-01)

Query Id is 224
An Account holder with a bank operates his account with his password through the internet. Some fraudulent third party who dresses himself as the BANK through the internet sends a mail to the Customer/ account holder of the bank with regard to his account and obtains the password of the account holder. The email sent by the fraud party is absolutely identical as sent by the bank in its normal course of business to its clients. The mail also had the letter head of the bank fraudulently obtained by the fraud party. The account holder gives the password to the fraud party who in turn misuses the password to siphon off funds from the account of the account holder . The bank wants to charge the fraud party and also claim indemnity against the account holder against the claim that may be raised by the account holder on the bank. What is the recourse available to the bank against the account holder and the fraud party. (16.6.2004)

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