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    <title>1959 (11) TMI 71 - CALCUTTA HIGH COURT</title>
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    <description>A banking account operated first as a current deposit account and later under an agreed overdraft facility was treated as a mutual, open and current account because it involved reciprocal debits and credits on both sides, rather than a one-sided liability. That character was relevant for limitation under Article 85 of the Limitation Act. The subsequent winding up of the bank did not alter the account&#039;s nature for limitation purposes, since the liquidator succeeded to the bank&#039;s right to sue on the account. Section 45F of the Banking Companies Act, 1949 was applied to exclude the specified period from computation, so the liquidator&#039;s suit was within time.</description>
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    <pubDate>Fri, 27 Nov 1959 00:00:00 +0530</pubDate>
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      <title>1959 (11) TMI 71 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=281793</link>
      <description>A banking account operated first as a current deposit account and later under an agreed overdraft facility was treated as a mutual, open and current account because it involved reciprocal debits and credits on both sides, rather than a one-sided liability. That character was relevant for limitation under Article 85 of the Limitation Act. The subsequent winding up of the bank did not alter the account&#039;s nature for limitation purposes, since the liquidator succeeded to the bank&#039;s right to sue on the account. Section 45F of the Banking Companies Act, 1949 was applied to exclude the specified period from computation, so the liquidator&#039;s suit was within time.</description>
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