Bhowanipur Banking Corpn. Ltd. v. Sudhindra Kumar Roy Chowdhury, (Privy Council) BS987157
PRIVY COUNCIL

Before:-Lord Atkin and Lord Russell of Killowen and Lord Romer and Sir George Rankin.

Appeal (P.C. Appeal No. 80 of 1939) from a decision of the High Court at Calcutta (Derbyshire, C.J. & Mukherjea, J.), dated the 4th August, 1938. D/d. 23.6.1941.

The Bhowanipur Banking Corpn. Ltd. - Appellant

Versus

Sudhindra Kumar Roy Chowdhury and others - Respondents

JUDGMENT

Lord Atkin - In this case the facts cannot in substance be distinguished from those in the case of the same Plaintiffs against Srimati Durgesh Nandini Dasi and counsel for the bank very properly felt unable to distinguish the case, after their Lordships had intimated what view they had formed in the former appeal. Their Lordships therefore will humbly advise His Majesty that this appeal be dismissed. The appellants must pay the costs of the appeal.

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