The question (10 marks)
The banker's duty of secrecy is qualified, not absolute. Discuss with reference to Tournier's case and to the Indian statutory exceptions. (10 marks)
MU Module 1, head 1.4; pack chapter on the banker's lien, set-off and the duty of secrecy.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 1 · Banking Structure and the Insolvency and Bankruptcy Code of Law of Banking and Negotiable Instruments.
Authorities you will need
- Tournier v. National Provincial and Union Bank of England
- Shankarlal Agarwalla v. State Bank of India
- Sutherland v. Barclays Bank, The Times, 25 November 1938
- Bankers' Books Evidence Act 1891, ss. 4, 5 and 6
- Banking Regulation Act 1949, s. 26; Reserve Bank of India Act 1934, ss. 45A to 45F
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.