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Home Bare Acts Phrase: factor s lienMAJOR PORT TRUSTS ACT, 1963 Section 59
Title: Board's lien for rates
State: Central
Year: 1963
(1) For the amount of all rates1[leviable under this Act] in respect of any goods, and for the rent due to the Board for any building, plinths, stacking areas, or other premises on or in which any goods may have been placed, the Board shall have a lien on such goods, and may seize and detain the same until such rates and rents are fully paid. (2) Such lien shall have priority over all other lines and claims, except for general average and for the ship-owner's lien upon the said goods for freight and other charges where such .Hen exists and has been preserved in the manner provided in sub-section (I) of section 60, and for money payable to the Central Government2[under any law for the time being in force relating to customs, other than by way of penalty or fine]. ________________________ 1. Substituted for "leviable by a Board under this Act" by Port Laws (Amendment) Act, 1997 w.e.f. 09-01-1997. 2. Substituted for the words "under any law for the time being in force" by the Major Port Trusts (Amendment) Act (29 of 1974), Section 21 (1-2-1975).
View Complete Act List Judgments citing this sectionMAJOR PORT TRUSTS ACT, 1963 Section 60
Title: Ship-owner's lien for freight and other charges
State: Central
Year: 1963
(1) If the master or owner of any vessel or his agent, at or before the time of landing from such vessel any goods at any dock, wharf, quay, stage, jetty, berth, mooring or pier belonging to or in the occupation of a Board, gives to the Board a notice in writing that such goods are to remain subject to a lien for freight or other charges payable to the ship-owner, to an amount to be mentioned in such notice, such goods shall continue to be liable to such lien to such amount. (2) The goods shall be retained in the custody of the Board at the risk and expense of the owners of the goods until such lien is discharged as hereinafter mentioned; and godown or storage rent shall be payable by the party entitled to such goods for the time during which they may be so retained. (3) Upon the production before any officer appointed by the Board in that behalf of a document purporting to be a receipt for, or release from, the amount of such lien, executed by the person by whom or on whose behalf such notice has been given, the Board may permit such goods to be removed without regard to such lien, provided that the Board shall have used reasonable care in respect to the authenticity of such
View Complete Act List Judgments citing this sectionGovernment Securities Act, 2006 Section 28
Title: Pledge, Hypothecation or Lien
State: Central
Year: 2006
(1) Subject to such terms and conditions as may be prescribed, the holder of a Government security may create a pledge or hypothecation or lien in respect of such security. (2) On receipt of notice of pledge or hypothecation or lien from the holder of the Government security, the Bank or any agent maintaining the account in respect of such security shall make necessary entry in its record and such entry shall be evidence of the pledge, hypothecation or lien thereof, as the case may be.
View Complete Act List Judgments citing this sectionSALE OF GOODS ACT, 1930 Section 47
Title: Seller's lien
State: Central
Year: 1930
(1) Subject to the provisions of this Act, the unpaid seller of goods who is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases, namely:-- (a) where the goods have been sold without any stipulation as to credit; (b) where the goods have been sold on credit, but the term of credit has expired; (c) where the buyer becomes insolvent. (2) The seller may exercise his right of lien notwithstanding that he is in possession of the goods as agent or bailee for the buyer.
View Complete Act List Judgments citing this sectionIndian Contract Act, 1872 Section 171
Title: General Lien of Bankers, Factors, Wharfingers, Attorneys and Policy-brokers
State: Central
Year: 1872
Bankers, factors, wharfingers, attorneys of a High Court and policy-brokers may, in the absence of a contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods bailed to them, unless there is an express contract to that effect.1 _______________________ 1. As to lien of an agent, see section 221 infra. As to lien of a Railway Administration, see the Indian Railways Act 1890 (9 of 1890), section 55. [Ed. The Indian Railways Act, 1990 (9 of 1890) has been repealed by the Railways Act, 1989 (24 of 1989) Sec. 200. Now see the Railways Act 1989 (24 of 1989, section 83.]
View Complete Act List Judgments citing this sectionWarehousing (Development and Regulation) Act 2007 Section 10
Title: Lien of Warehouseman on Good
State: Central
Year: 2007
.....of the sale shall be published in a leading newspaper having circulation in the locality where, the sale is to be held as well as where the owner of the goods is located and the sale shall be held not less than fourteen days from the date of first publication of the advertisement. (9) The warehouseman shall, from the proceeds of the sale, satisfy his lien and shall pay over the surplus, if any, to the person entitled thereto. (10) If the surplus is not demanded by the person entitled thereto within ten days after the sale of goods or if there are different claims, the warehouseman shall seek instructions from the Authority and act as per the orders of the Authority.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 49
Title: Termination of Lien
State: Central
Year: 1930
(1) The unpaid seller of goods loses his lien thereon-- (a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods; (b) when the buyer or his agent lawfully obtains possession of the goods; (c) by waiver thereof. (2) The unpaid seller of goods, having a lien thereon, does not lose his lien by reason only that he has obtained a decree for the price of the goods.
View Complete Act List Judgments citing this sectionSale of Goods Act, 1930 Section 54
Title: Sale Not Generally Rescinded by Lien or Stoppage in Transit
State: Central
Year: 1930
(1) Subject to the provisions of this section, a contract of sale is not rescinded by the mere exercise by an unpaid seller of his right of lien or stoppage in transit. (2) Where the goods are of a perishable nature, or where the unpaid seller who has exercised his right of lien or stoppage in transit gives notice to the buyer of his intention to re-sell, the unpaid seller may, if the buyer does not within a reasonable time pay or tender the price, re-sell the goods within a reasonable time and recover from the original buyer damages for any loss occasioned by his breach of contract, but the buyer shall not be entitled to any profit which may occur on the re-sale. If such notice is not given, the unpaid seller shall not be entitled to recover such damages and the buyer shall be entitled to the profit, if any, on the re-sale. (3) Where an unpaid seller who has exercised his right of lien or stoppage in transit re-sells the goods, the buyer acquires a good title thereto as against the original buyer, notwithstanding that no notice of the re-sale has been given to the original buyer. (4) Where the seller expressly reserves a right of re-sale in case the buyer should make.....
View Complete Act List Judgments citing this sectionMajor Port Trusts Act, 1963 Section 61
Title: Sale of Goods After Two Months if Rates or Rent Are Not Paid or Lien for Freight is Not Discharged
State: Central
Year: 1963
.....but the title of a bona fide purchaser of such goods shall not be invalidated by a reason of the omission to send such notice, nor shall any such purchaser be bound to inquire whether such notice has been sent. (4) Notwithstanding anything contained in this section, arms and ammunition and controlled goods may be sold at such time and in such manner as the Central Government may direct. Explanation.--In this section and section 62-- (a) "arms and ammunition" have the meanings respectively assigned to them in the Arms Act, 1959; (b) "controlled goods" means goods the price or disposal of which is regulated under any law for the time being in force. ________________________ 1. Inserted by the Major Port Trusts (Amendment) Act (29 of 1974), Section 22 (1-2-1975). 2. Substituted for the words "the Official Gazette" by the Major Port Trusts (Amendment) Act (29 of 1974), Section 22 (1-2-1975).
View Complete Act List Judgments citing this sectionMultimodal Transportation of Goods Act, 1993 Section 22
Title: Right of Multimodal Transport Operator to Have Lien on Goods and Documents
State: Central
Year: 1993
(1) The multimodal transport operator who has not been paid the amount of consideration stipulated in the multimodal transport contract shall have a lien on the consignment and on the documents in his possession. (2) Notwithstanding anything contained in sections 13, 16, and 18, the period during which the goods are in possession of the multimodal transport operator in exercise of his right of lien referred to in sub-section (1) shall not be included for the purposes of calculating the time of delay under any of those sections.
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