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november 1989

Supreme Court of India · 1989-11-07

INDIAN OVERSEAS BANK vs INDUSTRIAL CHAIN CONCERN

Citation / case number
SC 1982/63729
Court
Supreme Court of India
Petitioner
INDIAN OVERSEAS BANK
Respondent
INDUSTRIAL CHAIN CONCERN
Author
K.N. SAIKIA
Bench
K.N. SAIKIA

Judgment text excerpt

The Supreme Court held that a bank must exercise reasonable care before accepting a customer to avoid forfeiting immunity under Section 131 of the Negotiable Instruments Act. The Court found that the appellant-Bank acted with negligence in allowing a fictitious account to be opened and in collecting cheques drawn in favor of the plaintiff. Consequently, the Court allowed the appeal, overturning the lower courts' decisions and holding the Bank liable for the plaintiff's loss.

INDIAN OVERSEAS BANK vs INDUSTRIAL CHAIN CONCERN · Niyam