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april 1990

Supreme Court of India · 1990-04-25

UCO BANK vs HEM CHANDRA SARKAR

Citation / case number
SC 1989/72407
Court
Supreme Court of India
Petitioner
UCO BANK
Respondent
HEM CHANDRA SARKAR
Author
K. SHETTY
Bench
K.J. SHETTY

Judgment text excerpt

The Supreme Court held that the relationship between a bank and its customer does not inherently create a fiduciary relationship, as established under the Indian Contract Act, 1872. The Court found that the mere existence of debit entries in the customer's current account, related to the collection of bills and storage of goods, does not imply that the bank acted as an agent or trustee for the customer. Consequently, the Court dismissed the appeal, affirming that the bank's role was limited to that of a bailee, without any fiduciary obligations towards the customer.

UCO BANK vs HEM CHANDRA SARKAR · Niyam