personification vs animation | unclean hands affirmative defense example
After leaving a physician partnership, a doctor (plaintiff) sues the remaining doctors for money he is allegedly owed under the partnership contract. denied). Jur.2d, Assumpsit, 2, 6, 9), rev'd on other grounds sub nom. In other words, even if everything the petition says is true, you still are not liable because of your affirmative defense. Dist.] An unclean hands defense can highlight that the other party failed to perform under the contract terms or they committed a crime of some sort. In the summer of 2001 two sophisticated con-artists-now serving time in federal prison on various fraud convictions-arrived in Saipan, an American territory in the Western Pacific. See also Red Ball Motor Freight, Inc. v. Bailey, 332 S.W.2d 411 (Tex.Civ.App.-Amarillo 1959); Aetna Casualty & Surety Co. v. Corpus Christi Nat. 61. (implicitly holding that, by selling his business, plaintiff did not ratifythe tortious conduct that put him in the position of having to sell it). Lumbermens Mut. If you are facing a breach of contract lawsuit and need help making sense of what is going on,contact usfor a case evaluation. For example, in Garver, a husband and wife filed suit against a bank seeking recovery of an interest in the proceeds of oil and gas leases that had been deposited with the bank for the benefit of the heirs of the wifes parents. In the end, Montgomery and Berkich's scam was discovered before the sale was finalized but not before considerable sums of money had been looted. In some cases, an affirmative defense can be a powerful tool to stop a lawsuit in its tracks. (305) 921-9665 MOTION TO STRIKE REPLY BRIEF DENIED AS MOOT; AFFIRMED in part; REVERSED in part; REMANDED. Example: Hank Hardnose sues Grace Goodenough for breach of contract for failure to pay the full amount for construction of an addition to her house. c . 2. 581, 243 S.W.2d 686, 687-88 (1951) (quoting 58 C.J.S., Money Received 4a, and United States v. Jefferson Elec. Co., 291 U.S. 386, 402-03, 54 S.Ct. The Beneficiaries may argue that they did not know all of the material facts to make an informed decision in accepting the trustees conduct and/or they were misled by untrue statements by the trustee. Shaver v. Schuster, 815 S.W.2d 818 (Tex. Gallo claimed Kendall-Jacksons prior lawsuit was filed without probable cause, and for the purpose of harassing Gallo. When the bottom fell out of the low-cost wine industry in the late 1990s, Gallo stepped up its game, entering the premium wine market. This article is not a substitute for legal advice tailored to a particular situation. In sum, the material issues of fact raised with respect to this money had and received action require a fact-finder to determine who should rightly claim the money wrongfully obtained from the Bank. The record contains evidence that CNG knew Wilson was a felon and a fraud and had no legitimate way of obtaining the money to pay for CNG's failing subsidiaries. The Bank did not mention knowing receipt as a basis for fraud in its opening statements or proposed jury instructions, nor in opposition to CNG's Rule 50 motion. Statute of limitations bars Plaintiff's claim (s). K.B. D. Potential Arguments To Defeat Equitable Defenses. Fortune Prod. For example, in Holy Family Catholic School v. Boley, the defendant opened an account at a Even if the knowing receipt argument were properly preserved, Wilson did not defraud the Bank; the record shows no misrepresentations to the Bank that the Bank relied upon. Continue reading below to learn about these different defenses and who you can reach out to for more information. One way we have successfully defended against these claims is by asserting that the plaintiff has committed some sort of wrongdoing or has engaged in improper conduct that prevents the plaintiff from enforcing the covenant not to compete at issue, otherwise known as the unclean hands doctrine. LEXIS 2209, at *8 (Tex. The record is mixed with respect to the extent the Bank was negligent in allowing Montgomery and Berkich to take over the Bank's operations prior to the completion of the sale and permitting large loans to be disbursed without board approval. WebThe meaning of UNCLEAN HANDS is an equitable doctrine: a complainant will be denied relief if he or she has engaged in misconduct (as acting in bad faith) directly relating to the Unfortunately, there are several cases where one party does not meet their end of the deal, breaching the agreed-upon terms. The defense applies to bar an equitable claim no matter the claims merits when the plaintiff has engaged in some manner of unscrupulous conduct, overreaching, or trickery that would be condemned by honest and reasonable men. U.S. Bank National Association v. Suite 406 However, the plaintiff may raise the argument of unclean hands as well, claiming that he is entitled to relief because the defendant acted with unclean hands. This is always one of the first As a defendant, you only need to prove one of those elements wasnt satisfied. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The Court explained that the clean hands doctrine does not deny relief to a party who has committed any misconduct in the past, but only misconduct that is directly related to the issue for which he seeks relief. App.Amarillo 1991, no writ). There can be no waiver unless so intended by one party and so understood by the other. Id. It also states the reason why your actions were warranted. Unclean hands is a common "affirmative defense" pleaded by defendants and must be proved by the defendant. A few common defenses to breach of contract used are the impossibility of performance and fraud in the inducement. See also Gulf Oil, 322 F.2d at 32 (It is not every negligence that will stay the hand of the court Even a clearly established negligence may not of itself be sufficient ground for refusing relief, if it appears that the other party has not been prejudiced thereby.) (quoting Edwards, 118 S.W. WebThe doctrine is often stated as those seeking equity must do equity or equity must come with clean hands. Examples of the Clean Hand Doctrine For example, if a seller sues a View Vail Laws complete litigation and legal risk management checklist or contact us to discuss your claims in detail. 2 v. Callewart, 837 S.W.2d 693, 699 (Tex. 1957). In the early 1990s, the company sold over $100 million each year, and its chardonnay was the number one seller in the U.S. At the same time, Gallo Winery was the largest producer of non-premium, low-cost wines in the nation. John, understanding the inherent threat that those photos would be made available to his wife, signed a contract with Bill to supply his company with parts at half of wholesale. 05-07-00079-CV, 2008 Tex. For example, property stolen from the plaintiff and transferred to a third party for consideration and received in good faith might still be recovered via an analogous equitable restitution action. Copyright 2019 ALM Media Properties, LLC. View Map, 479 Montgomery Place The doctrine if unclean hands may only be used as a defense in claims of equity which are claims in which the court seeks to make things equal or fair, though not by ordering the payment of damages. at 5795. However, the facts of each case will be determinative of whether this defense is available. 2000) (quoting Kennedy v. Bender, 104 Tex. 2008); Tenneco Inc. v. Enter. 17, D.I. CNG thus argues it is under no obligation to return the Bank's money because the Bank was complicit in its own loss. Suite 800 WebAn unclean hands defense could be used in a foreclosure case if it could be proven that the plaintiff (the bank) caused the default and is therefore not entitled to an equitable remedy. Can the trustee point to the quarterly statements and argue that the beneficiary is not allowed to complain about the overcompensation by waiting to challenge it and by allowing the trustee to continue to do work without objection? The court of appeals affirmed the application of the trustees affirmative defense of quasi-estoppel based on the beneficiarys prior consent to trust investments in other real estate investments: The affirmative defense of quasi-estoppel precludes a party from asserting, to anothers disadvantage, a right inconsistent with a position she has previously taken. The doctrine applies when it would be unconscionable to allow a party to maintain a position inconsistent with one in which she acquired or by which that party accepted a benefit. One who retains benefits under a transaction cannot avoid its obligations and is estopped to take an inconsistent position. 14-06-00703-CV, 2007 Tex. App.Dallas 1993, writ denied) (ratification). Clark v. Amoco Prod. Civ. Although I mentioned the word in previous episodes, it might be helpful to explain what it means in more detail. In the event that someone made you sign an agreement against your will, you can raise a duress defense. 6. The court ordered that the successor trustee pay all outstanding legal and accounting fees incurred by the trust, appointed a successor trustee, and relieved the successor trustee of any and all duty, responsibility, or authority to investigate the actions or inactions of the trustee as prior trustee. Civ. There are three types of equitable relief that may be sought in a contract claim: In a lawsuit over a contract, the plaintiff might ask the court to order one of these three forms of relief and the defendant may claim a defense that the plaintiff has unclean hands, or that he engaged in some type of wrongdoing. In re EGL Eagle Global Logistics, LP, 89 S.W.3d 761, 766 (Tex. denied) (quoting Jenkins v. Henry C. Beck Co., 449 S.W.2d 454, 455 (Tex. The Bank further states that CNG raised its asking price for its subsidiary companies substantially after it learned of Wilson's fraud, presumably to take advantage of the known fraud in whatever way it could. N.B., 811 S.W.2d 634, 638 (Tex. See Greer v. White Oak State Bank, 673 S.W.2d 326, 329 (Tex.App.1984); Aetna, 186 S.W.2d at 842 (as between equally situated parties, the law favors the one changing position in reliance on payment). 1. Please try again. App.Waco 1981, writ dismd) (petitioners affidavit created fact issue on whether she accepted the benefits due to financial need and duress precluding summary judgment on estoppel). App.Dallas 1994, writ dismd) (citing Frazier v. Wynn, 472 S.W.2d 750, 753 (Tex. The contact form sends information by non-encrypted email, which is not secure. The plaintiffs unconscionable conduct was directly LEXIS 8586, at *45 (Tex. A mutual con-artist friend arranged a meeting with Montgomery and Berkich to obtain a loan. If you are an entrepreneur currently bound by a covenant not to compete with a former employer preventing you from opening your business, or if you simply would like more information regarding covenants not to compete in general, the Mavrick Law Firm is available to help. WebAmaro (2013) 213 Cal.App.4 1102, 1110 [any conduct that violates conscience, good faith or other equitable standards of conduct is sufficient to invoke the doctrine of unclean hands]. App.Amarillo Mar. Childress v. Cook, 245 F.2d 798 (5th Cir. App.Houston [1st. 2d 1155, 1167 (D. Colo. 2006). WebUnclean hands is an equitable defense much like fraud. Equitable theories, such as estoppel, waiver, and ratification, are subject to traditional equitable defenses. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The plaintiff engaged in illegal or unconscientious conduct, and. Regardless of the degree of wrongdoing required, the disputes surrounding the actions of Bank employees, the Bank board, CNG, and the con-artists-and the effect they have on the equities to be weighed in resolving the claim here-all present material questions of fact that should be decided by the jury. Motion to Strike Affirmative Defenses These hands actually look pretty clean. A party may evidence waiver by conduct of such a nature as to mislead the opposite party into an honest belief that the waiver was intended or assented to. Additionally, quasi estoppel is a defense that prevents a party from obtaining a benefit by asserting a right to the disadvantage of another that is inconsistent with the partys previous position. 5. More specifically, to invoke equitable doctrines such as estoppel, waiver, or ratification the defendant must come with clean hands. Ford Motor Co. v. Motor Vehicle Bd., 21 S.W.3d 744, 758 (Tex. The Fiduciary Litigator provides important legal news, updates on recently decided and pending case precedent, and commentary to directors, officers, managers, in-house counsel, and other legal officers who serve the financial services industry. Civ. Examples of conduct which may establish unclean hands include: Failing All Rights Reserved. The facts of this case involve at least two fraudulent schemes involving con-artists who are now tucked away in jail. Unclean hands means the party being sued acted unfairly too, and waiver means someone (by their actions) waived their right to a claim. Failure to state facts constituting a cause of action is another common defense. App.Houston [1st Dist.] In Pari Delicto as Affirmative Defense vs. Motion to Dismiss See also Herider Farms-El Paso, Inc. v. Criswell,519 S.W.2d 473, 477-78(Tex. The goal is to figure out which defenses apply, or potentially apply, to your case and add them into your answer. Thus, if a defendant can show the plaintiff had "unclean hands," the plaintiff's complaint will be dismissed or the plaintiff will be denied judgment. Yet this basis for a finding of fraud was never raised in the trial court. Id. denied). (The doctrine applies against a litigant whose own conduct in connection with the same matter or transaction has been unconscientious, unjust, marked by a want of good faith, or violates the principles of equity and righteous dealing.). App.Eastland 1963, no writ). They all agreed, and the trustee transferred a total of $2.1 million from the four trusts to the real estate investment entity. App.Dallas 1984, no writ). 1988, writ denied). Courts are naturally hesitant to return money to plaintiffs when both parties are at more or less equal fault; hence we have the equitable defenses such as unclean hands. Laches means someone waited too long to take action and it would now be unfair to enforce the claim. 443, 78 L.Ed. In other words, a party may not accept the benefits of a transaction and then later take an inconsistent position to avoid corresponding obligations or effects. Lindley v. McKnight, 349 S.W.3d 113, 131 (Tex. Bank, 186 S.W.2d 840 (Tex.Civ.App.-San Antonio 1944); cf. Ratification occurs when a person who knows all the material facts confirms or adopts a prior act that did not then legally bind him and which he could have repudiated. The Bank argues, and offered evidence at trial to demonstrate, that CNG is holding money that rightfully belongs to the Bank and that, absent the fraud by Montgomery and Berkich, the Bank would still possess that money. For example, if A sues B for infringement of As trademark ALPHA, can B deflect the lawsuit by claiming that A has unclean hands, alleging that A is Equitable remedies usually include such things as the issuance of an injunction, or the requirement that a party to a contract perform something specific pertaining to the contract (called specific performance). It discusses the elements of these defenses and practical considerations for both accused infringers and patent owners for litigating them through On February 19, 2021, Spain submitted its reply on annulment (" Reply "), together with Exhibits R-0402 to R-0406 and Legal Authorities RL-0189 to RL-0240. Although you dont necessarily need an attorney to defend your case, you should at least reach out to one for a free consultation. v. Varsity Brands, Inc. A doctrine in equity lawsuits that bars a plaintiff from obtaining judicial relief in a matter in which he is not free of guilt, or does not have clean hands., Failing to perform ones duties under the contract, Obtaining a favorable offer, or acceptance of an offer, by use of, Dishonestly or fraudulently representing the contents of the contract, Committing a crime in connection with some aspect of the contract. WebFor their Third Affirmative Defense, ICS, SAGE, and HAWLEY have alleged that any violations of the FDCPA occurred unintentionally and in good faith despite procedures established to The district court's judgment as a matter of law on the money had and received claim therefore constitutes error. When a plaintiff's own actions, rather than the defendant's equitable wrongs, are the source of the plaintiff's loss, there can be no unjust enrichment. For example, in Bank of Am., N.A. where the tortious conduct leaves the innocent party with no real choice but to act in a manner consistent with the tortious conduct, the innocent partys actions do not constitute ratification of the tortious conduct. New York, NY 10022 There are indeed considerations for the jury; if the jury finds that the Bank's actions constituted negligence but that the Bank presents a cognizable claim, it will have to take that degree of unclean hands into account and weigh it against the proved misconduct of CNG when determining whether the amount (if any) of the Bank's loan should be returned to it.5. The trial court enforced the covenant not to compete and entered an injunction against the defendant. Sellers of products may use the unclean hands affirmative defense if they fraudulently induce a customer to sign a contract and then sue the customer to recover payment for those products based on the contract since the plaintiff in fraudulently inducing the customer to sign the contract lost his right to sue under the clean hands doctrine. Most of the time, this affirmative defense is useless, but you never know. May 26, 2022 Summary This checklist describes the affirmative defense of unclean hands for a breach of contract case. Stay up-to-date with how the law affects your life. Texas courts have long spoken in terms of weighing the equities, even when foreclosing recovery completely; the inquiry must thus go beyond an analysis of the plaintiff's errors of omission or commission, to balance these against the defendant's unjust acts. Fort Lauderdale Business Lawyer - Miami, Florida Non Compete Litigation Attorney - Mavrick Law Firm. (See Kofsky v. denied), a court found that a trustee was not barred from challenging an oil and gas lease under an equitable ratification theory by accepting royalty payments. Specifically: The same evidence that created a fact issue as to [the husbands] extrinsic fraud precludes a finding that [he] conclusively proved his affirmative defense of estoppel, whether couched in terms of judicial or quasi-estoppel. Estoppel, unclean hands, waiver, laches each of these are separate concepts and separate affirmative defenses, but they have one thing in common: equity. 07-17-00457-CV, 2019 Tex. For example, if an individual hired a construction company to complete a project by a specific deadline and that company failed to do so, the individual who hired them will likely suffer a financial loss due to that failure. In other words, the plaintiff has unclean hands in his dealings. For example, estoppel simply means that a party should not be allowed to win because it would be unfair for some reason. It is far more likely that the contract would be nullified. Waiver is defined as an intentional relinquishment of a known right or intentional conduct inconsistent with claiming such right. We need not rule on the motion, however, as the Bank's view of the law is not the law of Texas: [R]ecovery for money had and received, though legal in nature, is controlled by equitable principles, and it is axiomatic that the clean hands' doctrine functions in equitable actions. Texas Bank & Trust Co. v. Custom Leasing, Inc., 498 S.W.2d 243, 251 (Tex.Civ.App.-Tyler 1973) (citing 6 Tex. In this circumstance, the trustee may want to raise certain equitable defenses to those claims, such as laches, ratification, waiver, and estoppel. App.Houston [1st Dist.] denied). Daniel v. Goesl, 161 Tex. at 357. Some examples that could be used for this defense include the following: 1. Id. The record shows that Robert initiated approximately fifty real estate transactions in which he invested Trust assets. The breach can be something such as a late payment to something as serious as failing to deliver a promised item. App.Houston [14th Dist.] The question then became whether Kendall-Jacksons affirmative defense of unclean hands to Gallos malicious prosecution claim should be limited to misconduct that affected Kendall-Jacksons decision to file the prior lawsuit. You definitely should include as many affirmative defenses as possible, but no every one known to man. App.Corpus Christi 2003, no pet.) 1965). To establish the affirmative defense of accord and satisfaction, the defendant must show that in the new contract: (1) the parties agree to discharge the existing obligation; (2) the parties agree that one party will perform and the other will accept something different from what each expected from the existing obligation; (3) the parties 432 S.W.2d at 746. Equitable relief is not warranted when the party seeking relief has engaged in unconscionable, unjust, or inequitable conduct with regard to the issue in dispute. Lets be realistic, at some point the other side will ask for all your facts to support each defense (if the other side is good at what they do). App.Dallas 2007, no pet.). 7. Importantly, the affirmative defense of unclean hands applies only to equitable [claims for relief]. Id. This could be anact of God, property destruction, or incapacity. Where a party affirms a contract through his actions and conduct after knowledge of the facts, the defense of waiver or ratification is established as a matter of law. Sometimes, the application or inapplication of equitable defenses can be proven as a matter of law by a judge; but more often, these defenses will have be resolved by a fact finder (by a judge, or if requested, by a jury). App.Austin 1995, no writ) (estoppel); Pickett v. Heygood, Orr & Reyes, L.L.P., No. App.San Antonio 2001, no pet. 2002, orig. But there is another type of defense: the affirmative defense. Critically, the evidence must establish the parties assent to the new agreement, and [t]here must be an unmistakable communication to the creditor that tender of the lesser sum is upon the condition that acceptance will constitute satisfaction of the underlying obligation. Ind. Example: Hank Hardnose sues Grace Goodenough for breach of To explore this concept, consider the following clean hands definition. App.Dallas Jun. Your affirmative defense may excuse or justify the reason the lawsuit is based upon. Peter T. Mavrick can be reached at: Website: www.mavricklaw.com; Telephone: 954-564-2246; Address: 1620 West Oakland Park Boulevard, Suite 300, Fort Lauderdale, Florida 33311. WebThe clean hands doctrine is an affirmative defense that the defendant may claim. Kendall-Jackson asserted a defense that Gallos complaint should be barred by the doctrine of unclean hands. Change of position is but one more factor to consider in the overall balancing of equities, and in the determination of who in good conscience is the rightful owner of the money. The statute of limitations will block your recovery as an affirmative defense. Vessels, 823 S.W.2d at 762. However, it was the defendants tortious conduct which placed the plaintiffs in a position of either having to accept the lease or else lose the property. CNG further argues that there can be no claim for money had and received without some affirmative inequitable conduct by the defendant. Peter Mavrick is a Miami non-compete lawyer who has won non-compete litigation in Miami-Dade Circuit Court through the unclean hands affirmative defense. 490, 341 S.W.2d 892 (1960). WebHere, Robert and the Estate raised overlapping affirmative defenses, all on behalf of the Estate. In Florida, you, the defendant, have twenty days to file a response. The defense involves a new contract, either express or implied, in which the existing obligation is released by agreement of the parties through means of [a] lesser payment tendered and accepted. Richardson v. Allstate Tex. Knowing your defenses to breach of contract can protect you in these types of instances. The Mavrick Law Firm has, on several occasions, successfully defended entrepreneurs from lawsuits seeking to enforce such covenants. Beneficiaries should not generally be allowed to lay behind the log, have knowledge of a trustees conduct, not object to such conduct for a period of time, and then later complain in litigation of that conduct. As such, often times we are confronted with covenants not to compete signed by the entrepreneur when he or she was employed with his or her former employer. Many other unforeseen circumstances could arise that may have caused you to not meet your end of the contractual agreement. Sun Exploration & Prod. Co., 794 F.2d 967, 971 (5th Cir.1986) (equitable defense of laches applicable to actions at law involving claims of an essentially equitable character). Further, the doctrine of waiver is applicable to all rights and privileges to which a person is legally entitled. Due to 823 S.W.2d at 765. Vessels, 823 S.W.2d at 765. The clean-hands doctrine is [t]he principle that a party cannot seek equitable relief or assert an equitable defense if that party had violated an equitable principle, such as good faith. It concluded that the evidence showed that the Bank had unclean hands, and that finding may not be incorrect. See Equilease Corp. v. Hentz, 634 F.2d 850, 853 (5th Cir.1981) (It is patently unfair to require an innocent payee who has received and used the money to satisfy a debt to repay the money.); Aetna, 186 S.W.2d at 842. 1. If the parties who entered into the agreement were mistaken about the terms of the contract, you could raise a mutual mistakes defense. In re Marriage Stroud, 376 S.W.3d 346, 356-57 (Tex. Although unclean hands is a defense exclusive to claims seeking equitable relief, it has proven to be very useful in the employment context, particularly in cases where an employer is seeking to enforce a covenant not to compete. See, e.g., Norris v. Gafas, 562 S.W.2d 894, 897 (Tex.Civ.App.-Houston 1978) (clean hands doctrine does not operate to repel all sinners from a court of equity); Ligon v. E.F. Hutton & Co., 428 S.W.2d 434, 437 (Tex.Civ.App.1968) (mere negligence does not render hands so unclean as to bar recovery); Red Ball, 332 S.W.2d at 418-19 (repeated appeals to equity and good conscience in considering unclean hands defense); Aetna, 186 S.W.2d at 842 (bank may recover fraudulently obtained funds even if it is negligent, provided recovery does not pass loss to innocent payee); Edwards v. Trinity & B.V. Ry. Bldg. The Mavrick Law Firm regularly represents entrepreneurs who open businesses in industries in which they were formerly employees. (904) 236-5317 4, 2008, no pet.) The error was in concluding that unclean hands was an absolute bar to recovery on the money had and received claim; the disputed facts require, for the reasons we have addressed in this opinion, that this claim be submitted to the jury, under proper instructions, for its determination. App.Fort Worth 1999, pet. Thus we cannot, as a matter of law, say that either argument prevails; it is for the jury to consider these facts and to determine questions of unjust enrichment. However, the wife submitted evidence that she was led into the agreement by the husbands fraud and threats. Mfg. At trial, after the conclusion of the Bank's evidence, CNG moved for an entry of judgment as a matter of law pursuant to Fed.R.Civ.P. Specifically, the court found [i]n this case, by agreeing to be bound by the lease, [plaintiffs] did not ratify the tortious conduct that cause them to have to accept the lease or else lose the property. 20, 2019, pet. The ball returns to the plaintiffs court if you deny the breach of contract claims made. If the defendant can prove that the plaintiff has unclean hands, i.e., acted unethically, then the plaintiffs complaint will be dismissed. This defense is an affirmative defense that can be used by defendants; however, keep in mind that the defendant must prove the defense in order for the complaint to be dismissed.
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As a part of Jhan Dhan Yojana, Bank of Baroda has decided to open more number of BCs and some Next-Gen-BCs who will rendering some additional Banking services. We as CBC are taking active part in implementation of this initiative of Bank particularly in the states of West Bengal, UP,Rajasthan,Orissa etc.
We got our robust technical support team. Members of this team are well experienced and knowledgeable. In addition we conduct virtual meetings with our BCs to update the development in the banking and the new initiatives taken by Bank and convey desires and expectation of Banks from BCs. In these meetings Officials from the Regional Offices of Bank of Baroda also take part. These are very effective during recent lock down period due to COVID 19.
Information and Communication Technology (ICT) is one of the Models used by Bank of Baroda for implementation of Financial Inclusion. ICT based models are (i) POS, (ii) Kiosk. POS is based on Application Service Provider (ASP) model with smart cards based technology for financial inclusion under the model, BCs are appointed by banks and CBCs These BCs are provided with point-of-service(POS) devices, using which they carry out transaction for the smart card holders at their doorsteps. The customers can operate their account using their smart cards through biometric authentication. In this system all transactions processed by the BC are online real time basis in core banking of bank. PoS devices deployed in the field are capable to process the transaction on the basis of Smart Card, Account number (card less), Aadhar number (AEPS) transactions.