Supreme Court of India

Uco Bank v. Hem Chandra Sarkar

Neutral citation
Reported as [1990] 2 S.C.R. 709
Bench K. Jagannatha Shetfy and M. Fathima Beevj JJ.
Decided 25 April 1990

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

Before parting with the case, we may also state that in practice, 0 bankers do not set up the statute of limitations against their customers or their lega! representatives, and we see no reason why this case should be an exception to that practice.

Judgment, page 10

From the headnote

Indian Contract Act, 1872: Chapters lX and X-Bailment­ Agency-Distinguishing features-Duty of Banker-bailee-What is­ Bank entrusted with charge of goods/documents by customer-Whether an agent or bailee-Whether any fiduciary relationship exists between parties. c Banking Law-Bank and Customer-Existence of fiduciary relationship-Whether could be inferred from entries in current account. The respondent, who was indenting and lifting goods fro,;. textile mills situated in different places, and was maintaining a current account with the appellant-Bank for this purpose, filed a suit against the

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