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The Secretary of State Vs The Bank of India LimiteM380025COM483731
The Secretary of State Vs The Bank of India LimiteM380025COM483731
The Secretary of State Vs The Bank of India LimiteM380025COM483731
48-LW88, 1938-48-LW8
BEFORE THE PRIVY COUNCIL
Decided On: 02.03.1938
Appellants: The Secretary of State
Vs.
Respondent: The Bank of India Limited.
Hon'ble Judges/Coram:
Wright, Shadi Lal and George Rankin, JJ.
Case Note:
Indian Securities Act (X of 1920), Section 21-Government promissory note-
Bona fide request jar renewal-Old note bearing forged endorsement-Statutory
indemnity under Section 21 not taken-Damages for conversion recovered
against Government by holder-Action by Government to be indemnified
against person to whom renewal was made-Implied indemnity under common
law- Common law rule applies in spite of Section 21-Statute-Interpretation.
The covenant of indemnity which the common law normally implies, where
one person acts upon the request of another, applies to the renewal of a
Government promissory note under the provisions of the Indian Securities
Act, 1920. Section 21 of the Act, which gives Government a right to demand
an express indemnity and to refuse to renew the note unless such express
indemnity is given, does not exclude the implied indemnity under the common
law.
The covenant of indemnity which the common law normally implies, where
one person acts upon the request of another, applies to the renewal of a
Government promissory note under the provisions of the Indian Securities
Act, 1920. Section 21 of the Act, which gives Government a right to demand
an express indemnity and to refuse to renew the note unless such express
indemnity is given, does not exclude the implied indemnity under the common
law.
When an act is done by one person at the request of another, which act is not
in itself manifestly tortious or illegal or a breach of some duty to the
knowledge of the person doing it, and such act subsequently turns out to be
injurious to the rights of third parties, there is implied by law a contract by
the person at whose request the act was done to keep indemnified the person
doing it against any liability which may result from the doing of such act. It
makes no difference that the person making the request was not aware of the
invalidity in his title to make the request or could not with reasonable
diligence have discovered it. The above common law rule applies equally to a
case where the doing of the act involves on the part of the person doing it an
element of discretion, deliberation or judgment.
Sheffield Corporation v. Barclay [1905] A.C. 392, explained and followed.
Dugdale v. Lovering [1875] L.R. 10 C.P. 196 and Attorney-General v. Odell