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Shanti Prasad Jain And Another vs Director Of Enforcement, Foreign ... on 4 October, 1962

The learned counsel for the petitioner has drawn my attention to a large number of reported cases in which the doctrine that the debtor should seek the creditor has been upheld. This proposition of law is not disputed on behalf of the respondents. It is, however, contended by the learned counsel for the respondents that a bank is not a debtor in the real sense. This contention of the respondents is repelled by a decision of the Supreme Court in Shanti Prasad Jain v. Director of Enforcement, Foreign Exchange Regulation Act [1963] 33 Comp Cas 231 ; AIR 1962 SC 1764. The Supreme Court in this case has observed that the law is well settled that when moneys are deposited in a bank, the relationship that is constituted between the banker and the customer is one of debtor and creditor.
Supreme Court of India Cites 5 - Cited by 12 - K N Wanchoo - Full Document

The Delhi Cloth And General Mills Co., ... vs Harnam Singh And Others on 21 April, 1955

7. It is further contended on behalf of the respondents that even if a bank may be a debtor, the doctrine that the debtor should seek the creditor will not apply to bankers. The learned counsel has mainly relied on two decisions, i.e., Allahabad Bank Ltd. v. Gulli Lal [1940] 10 Comp Cas 157 ; AIR 1940 All 243 and Delhi Cloth and General Mills Co. Ltd. v. Harnam Singh AIR 1955 SC 590.
Supreme Court of India Cites 8 - Cited by 44 - V Bose - Full Document

The State Aided Bank Of Travancore, ... vs Dhrit Ram on 6 November, 1941

" (1) The obligation of a bank to pay the cheques of a customer rests ' primarily ' on the branch at which he keeps his account and the bank can rightly refuse to cash a cheque at any other branch: King v. Irvine A. Lovitt [1912] AC 212 at p. 219 (PC), State Aided Bank of Travancore Ltd. v. Dhrit Ram [1942] 12 Comp Cas 80, 83-84 ; AIR 1942 PC 6 at pp. 7, 8 and New York Life Insurance Co. v. Public Trustee [1924] 2 Ch 101 at p. 117 (CA).
Bombay High Court Cites 0 - Cited by 14 - Full Document

Allahabad Bank Ltd. vs Gulli Lal And Ors. on 7 December, 1939

7. It is further contended on behalf of the respondents that even if a bank may be a debtor, the doctrine that the debtor should seek the creditor will not apply to bankers. The learned counsel has mainly relied on two decisions, i.e., Allahabad Bank Ltd. v. Gulli Lal [1940] 10 Comp Cas 157 ; AIR 1940 All 243 and Delhi Cloth and General Mills Co. Ltd. v. Harnam Singh AIR 1955 SC 590.
Allahabad High Court Cites 4 - Cited by 3 - Full Document
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