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...against the bank; the House of Lords reversed this decision and gave judgment for the bank. Lord Finlay defined and explained the customer's duty as follows.[Greenwood v. Martins Bank Ltd....Ltd. V. Macmillan.[London Joint Stock Bank V. Macmillan [1918] AC 777, HL]The facts in the Macmillan case were that the customers, Macmillan and Arthur, had a clerk who...plaintiff is that she opened a Saving Bank Account with the defendant Bank in the year 1983 under Account No.5623/14. Every month, she used to deposit her rental income Rs.750 to Rs.800/- in the said...
...in Appeal Case, — ‘Greenwood v. Martins Bank Ltd.’, (1932) 1 KB 371 (P), wherein reference was made to — ‘London Joint Stock Bank Ltd. v. Macmillan and Arthur...1. The suit is for ordering the defendant, the Hyderabad State Bank Ltd., forthwith to release and deliver over to the plaintiff Abbu Chettiar the goods, viz., 4050 bags of gingelly oil...Barracks Road, Vepery, Madras, and branches all over the City. The defendant, the Hyderabad State Bank Ltd., with its Head Office in Hyderabad State, has its branch office at Linghi Chetty Street...
..., is created, or specifically in relation to a particular transaction. In the present case the appellants were not, as in Woods Vs. Martins Bank Ltd. (200 the customers or.... 110 OF 1993
1. M.O.H.LEATHERS
- ...........Complainant(s) Versus
1. UNITED COMMERCIAL BANK
- ...........Opp.Party(s...the disposal of complaint, we permit opposite party-UCO Bank to file revised / further written version, if any, within a period of one week from today. Rejoinder to the said written...
...Behari, in this context relied upon the judgment of the Privy Council in Greenwood v. Martins Bank Ltd., 1933 AC 51. and invited our attention to the following...Maritime Electric Co. Ltd. v. General Dairies, 1937 AC 610 : 1937 (1) All ER 748 : A.... Rhyl Amusements Ltd.. 1959 (1) All ER 257 dealt with an ultra vires act and over and above that, in that case, an argument was out forward that the corporate body there had the power to do the...
...,
notwithstanding that the prospect was contingent and uncertain: Greenwood v Martins
Bank Ltd [1933] AC 51 and Ogilvie v West Australian Mortgage and Agency...
capable of being relied on as one of the acts of holding out?”
14. In First Energy (UK) Ltd v Hungarian International Bank Ltd [1993] 2...previously been employed by another Jamaican life office, Life
of Jamaica Ltd, and had contributed to its pension scheme. At some stage between
March and...
...was no sufficient description of this document in the affidavit of documents. He also relied on the observations made in Woods v. Martins Bank Ltd., (1959) 1 QB where the learned...defendant for the recovery of Rs. 36,837-9-3 without costs.2. The suit was originally instituted by the Comilla Banking Corporation Ltd. to which the present United Bank of India Limited has...was made to open the Letter of Credit by the Nederlandsche Standard Bank of Amsterdam; (5) United Bank of India Limited of Calcutta, successor to the Comilla Banking Corporation Ltd., who acted on...
...the respondent.In the case of Greenwood v. Martins Bank Ltd., the facts were that the customer's wife had forged the signatures of the customer on numerous cheques and...Bank has either been alleged or proved in the present case.The next case cited by the learned counsel is London Joint Stock Bank Ltd. v. Macmillan and Arthur. This was a...Court and the question of law is of some importance, I would like to briefly state my views on the point.When a person opens an account in a bank, and deposits a sum of money with the...
...Martins Bank, Ltd., and on September 22, 1936, an agreement was made under which the bank undertook to advance a sum not exceeding £ 108,000 at a stipulated rate of interest. With this advance, supplemented...owned by the company, and the company bound itself to pay to the bank, until the loan was completely discharged, all dividends which it received in respect of any of its investments. These dividends were...in the financial year 1937-38 no less than £ 34,855. These amounts were paid over to the bank in accordance with the agreement with the result that the bank loan was proportionately reduced...
.... Thus, in Woods v. Martins Bank Ltd. [(1959) 1 QB 55 = (1958) 3 AIIER 166) it was held that the relationship of banker and Customer existed between the parties from the time when the Bank accepted...extremely rare case and this has happened due to manipulations and nothing else. Furthermore, the letter of credit which was issued on 5-9-1977 by the State Bank of India on the Bank of Tokyo Ltd. in...favour of M/s. Marubeni Corporation, Osaka did not provide firm commitment before 2-9-1977 and the Bank of Tokyo Ltd. could have been advised by the State Bank of India by telex/telegram not to honour the...
...with the National Bank Limited and the Halifax Commercial Banking Company Ltd. (subsequently the Bank of Liverpool and Martins, Ltd.) on which he had drawn large sums. The practice of the banks was to...The plaintiff, Syndicate Bank, has filed this suit for recovery of Rs. 33,39,026.75p. The case as set up in the plaint is that the bank amongst various other facilities sanctioned overdraft...sale proceeds of the hypothecated vehicles the defendants stated that the same had been utilised elsewhere and they were not in a position to pay the same to the bank. By Resolution dated 7th of January...
....)12A. The Apex Court in the case U. Ponnappa Moothan Sons v. Catholic Syrian Bank Ltd., (19...Bank Ltd. After applying the dictum of Atkin, L.J in Underwood case, it is observed therein that “it was not enough to show merely that the bank had entered the value of the cheques on the...stated appellant State Bank of India filed a suit before the Civil Judge (S.D), Bageshwar for the recovery of Rs. 31,660/- from the defendants Sher Singh and Kunwar Singh. According to the plaintiff...
...in being until the money due has been tendered and accepted – see Samuel
Keller (Holdings) Ltd v Martins Bank Ltd [1971] 1 WLR 43...
forfeiture of a common law mortgage. As Viscount Haldane LC explained in G & C
Kreglinger v New Patagonia Meat and Cold Storage Co Ltd [1914] AC 25, 35 the...
Wilberforce in Shiloh Spinners Ltd v Harding [1973] AC 691, at pp 722C and 723H.
But the Board does not accept that this is an entirely inflexible rule which...
....2. The plaintiff Catholic Syrian Bank Ltd. is a banking company incorporated under the Indian Companies Act having its Head Office in Trichur and branches at various places. The...contract express or implied that the customer should be entitled to draw against the amount of cheque before it is cleared.15. In A.L Underwood Ltd. v. Bank of...Liverpool and Martins, Same v. Barclays Bank (1924) All ER Rep 230, Atkin, L.J dealing with the protection that can be availed by a banker in such case, observed as under...
...thence extracted and developed, National Mercantile Bank Ltd. v. Rymell (1881) 44 L.T.767. In that case so far as I remember, the defendants were auctioneers. The article had been...Dock (1899) 2. Q.B. 205. Certain portions of the judgment are in his favour and certain portions, against him. He relied. upon the principle laid down in 40' T. L. Rule 302, Underwood Ltd. v. Bank of...Lever-pool and Martins (1924) 1 K.B. 775 that mere credit to the client's account before collection does not make the bank a buyer. This, however, is not contended for by the plaintiffs...
...Moothan Sons v. Catholic Syrian Bank Ltd., (1991) 1 SCC 113: (AIR 1991 SC 441 Para 15) has held as under:
In A.L. Underwood Ltd. v...supplied)
To the same effect is the ratio laid down in Baker v. Barclays Bank Ltd. After applying the dictum of Atkin. L.J. in Underwood case, it is observed therein.... Briefly stated appellant State Bank of India filed a suit before the Civil Judge (S.D.), Bageshwar for the recovery of Rs.31,660/- from the defendants Sher Singh and Kunwar Singh. According to the...
.... Florence, V-III QBD 484; Bute (Marquess) v. Barclays Bank Ltd., V-III QBD 365; A.L Underwood Ltd. v. Bank of Liverpool & Martins, 24 1 K.B 775; Trus...Supreme Court in Federal Bank v. V.M Jog Engineering Ltd., (2001) 1 SCC...South India Shipping Corp. Ltd. v. Export-Import Bank of Korea, [1985] 2 All ER 219; Re Oriel Ltd., [1985] 3 All ER 216; Actiesselskabet Dampskib...
...) and the same was credited to the account of Shiv Raj Puri with them on 31/07/2009. I note that amount of Rs.23.55 lakhs was issued to the Noticee from the bank account of Norman Martins Brokers P Ltd...) Rahgu Raj Puri (Shivraj's father), Deeksha Puri (Shivraj's mother), Norman Martins P. Ltd. (where Raghuraj and Deeksha were directors) and Metcam Holdings P. Ltd. (where Deeksha was the director...) were found to be either singly or jointly holding bank accounts. 3. Investigation also revealed that M/s Bonanza Portfolio Ltd., a registered stock broker (SEBI Registration No...
...treated ss converted and an action in conversion would be maintained for its value. [See A.L Underwood Ltd. v. Bank of Liverpool and Martins, [1924] 1 KB 775 (CA)].25. The...August 6, 1947.5. On December 30, 1947, an account was opened with a cash deposit of Rs. 125 as R.K Bhatt account-holder with the Grindlays Bank Ltd., at its Chandni Chowk, Delhi Branch...defendant had admitted in the written statement that on 30th December, 1947, a current account was opened with the Chandni Chowk Branch of the Grindlays Bank Ltd. in the name of R.K Bhatt (Rabinder...
...enquiries from the Corporation Bank, Uttorda wherein bank account of Mrs. Aura Martins was opened and an amount of Rs. 54,99,462/- was credited by transfer entry. The AO gathered that above amount was...transferred from Hongkong Shabghai Bank Corpn. Ltd., Mumbai and was of the opinion that the assessee had transferred his own funds and introduced it as addition to capital.7. The AO...during the earlier year and due to some family dispute, the bank accounts and FDRs were received only in the current year as follows:—State Bank of India, Vasco FDR
Rs. 1,00,000.00S...
.... Underwood Ltd. v. Bank of Liverpool and Martins, 1924 1 K.B. 775;iv) Lloyds Bank Ltd. v. The Chartered Bank of India, Austr...transfer deed in respect of the IRFC bonds which was believed to have been duly executed in blank on behalf of the last registered holder thereof viz. Karur Vysya Bank Ltd. The plaintiff accepted the...refund the amount of the pay order.9. In the meantime, IRFC Ltd. declined to register the bonds in favour of the plaintiff since Karur Vysya Bank the original holder had...