Professional Documents
Culture Documents
Banker Customer Relationship
Banker Customer Relationship
Banker
• A Banker is one who in the ordinary course of his business, honours cheques
drawn upon him by persons from and for whom he receives money on current
accounts.
Dr. H.L. Hart
• Four essential functions for consideration of an entity as Bank or Banker:
(i) Take Deposit Accounts;
(ii) Take Current Accounts;
(iii) Issue and Pay Cheques; and
(iv) Collect Crossed and Uncrossed Cheques for its Customers.
Sir John Paget
• ‘Banking’ means the accepting, for the purpose of lending or investment, of
deposits of money from the public, repayable on demand or otherwise, and
withdrawal by cheque, draft, order or otherwise.
Section 5(b) of the Banking Regulations Act 1949
Customer
According to Duration Theory:
• To constitute a customer, there must be some recognisable course or habit of dealing in
the nature of regular banking business…It is difficult to reconcile the idea of a single
transaction with that of a customer. The word surely predicates even grammatically,
some minimum of custom antithetic to an isolated act.
Sir John Paget
According to Modern theory:
• The relation of banker and customer begins as soon as the first cheque is paid in and
accepted for collection and not merely when it is paid.
Ladbroke v. Todd 30 TLR (1914) 433
• Single transaction may constitute a customer.
Savory and Co. v. Llyods Banks Ltd. 1932 TLR 344
• Customer is a person who has the habit of resorting to the same place or person, to do
the business. So far as the banking transactions are concerned, he is a person whose
money has been accepted on the footing, that the banker will honour up to the amount
standing to his credit, irrespective of his connection being of short or long standing.
Central Bank of India Ltd. v. Gopinathan Nair AIR 1970 Ker. 74
Essential Requisites to Constitute a Customer
01 Bank Account
02 Anticipated Frequency
04 Contractual Relationship
General Relationship
Minor
Hindu Undivided 1
Family 8 Lunatics
2
Married Woman 7
3 Drunkards