1914 (8) TMI 3

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....posited by him in 1910 as security for the faithful discharge of his duties as the agent of the Bank's branch at Ahmedabad. 2. The money was originally placed by the Bank Manager to an ordinary Fixed Deposit Account bearing interest at six per cent, but upon objection being made by the appellant it was transferred in 1911 to the Security Deposit Account bearing interest at the same rate as ....

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....e identified and followed by the giver, if the occasion for realizing the security has not arisen. If the money has, with the consent of the giver of the security, been received by the Bank and mixed with its funds in consideration of an agreement to pay interest on it, the Bank is only a debtor and not a trustee. 4. We have no doubt that this is the position in the present case. The appellant ....