Equitable Lien - Judgment Search Results

Nippon Yusen Kaisha Vs. Ramjiban Serowgee

Court: Mumbai

Reported in: (1938)40BOMLR799

..... different sense as meaning either an equitable lien or hypothecation or the common law right or the common law licence to resume possession that consequently the sellers had after delivery alongside nothing left except the equitable charge which was only enforceable by equitable remedies against the buyers or the ..... of security the bills of lading of lading because he said an indorsee of a bill of .....

K.M.Sr.K. Lankaram Vs. O.K.S. Sundaragopala Aiyar and ors.

Court: Chennai

Reported in: AIR1941Mad208; (1940)2MLJ1038

..... which awaits to be decided is that of the equitable lien or charge claimed by the appellant on the ground that it was his father s ..... now is whether the appellant is entitled to a prior charge or security on the property purchased by his father in preference to plaintiffs prior ..... property could be by operation of law held to be security for the payment made by the appellant s father 19 reliance was .....

Abdulla Beary Vs. Mammali Beary and anr.

Court: Chennai

Reported in: 5Ind.Cas.87

..... there is a contract to the contrary negativing a charge in the vendor s favour if in england such a contract has been inferred under like circumstances to exclude the equitable lien of the unpaid vendor we shall not be acting ..... there is a marked distinction between conveyance as for money paid with a separate security for the price whether by covenant bond or note and a conveyance ex pressed to .....

Unity Company Private Ltd. Vs. Diamond Sugar Mills and ors.

Court: Kolkata

Reported in: AIR1971Cal18

..... has been deepened by the language of equity lawyers by whom the word lien is used not only in the common law sense of retainer but also to denote equitable charges not depending upon possession and generally known under the name of non possessory liens the term is also applied though inaccurately to equitable mortgages and securities of a similar nature which rest simply upon contract 48 on a true .....

Sereboff Vs. Mid Atlantic Medical Services, Inc.

Court: US Supreme Court

..... purporting to secure an equitable lien did not properly do so see brief for petitioners 26 reply brief for petitioners 12 ..... 1941 a n agreement to charge or to assign property not yet in existence although creat ing no legal estate or interest in the things when they afterwards come into existence does constitute an equitable lien upon the property just as would a lien upon specific things existing .....

Collector of Tiruchirapalli Vs. Trinity Bank Ltd., Trichirapalli and a ...

Court: Chennai

Reported in: AIR1962Mad59; [1962]44ITR189(Mad)

..... my opinion therefore this order was not a charge was not a mortgage and was not a lien either legal or equitable and consequently taylor and sons were not secured creditors within the meaning of sub sec ..... appointing a receiver a simple mortgagee or an equitable mortgagee or a charge holder in respect of an immoveable property has no security over the rents and profits accruing from that property whatever .....

Walker Vs. Brown

Court: US Supreme Court

..... on the contrary returned to brown in violation of the contract and subject to the equitable lien which the contract created to secure the payment of the debt due walker company shortly after the making of the contract ..... firm was offered in evidence on the trial and there is therein made only a charge of six percent interest computed to a short time before the filing of the bill .....

Farmers' Loan and Trust Co. Vs. Penn Plate Glass Co.

Court: US Supreme Court

..... insure or that policies or fund arising therefrom should be assigned or charged with a lien in its favor the first essential requisite to an equitable lien as above described is therefore entirely wanting there is no contractual relation of any kind ..... the part of the mortgagor to pay any portion of the debt secured by the mortgage and the liability if any to indemnify the mortgagor on its covenant .....

Us Airways, Inc. Vs. Mccutchen

Court: US Supreme Court

..... a 3 based on an equitable lien by agreement the terms of the erisa plan govern neither general principles of unjust enrichment ..... f injured persons could not charge legal costs against recoveries people like mccutchen would in the future have every reason to ..... or seriously injured three other people counsel also secured a payment from mccutchen s own automobile insurer of 100 000 the .....

The Maharaja of Vizianagaram by His Guardian and Next Friend, F.W. Gil ...

Court: Chennai

Reported in: (1903)13MLJ83

..... the share of such co tenant as security and to obtain a re imbursement of the amount equitably chargeable to it he might utterly fail to obtain compensation the law cannot justly be charged with such results as is produced by conformity to its provisions the principle is ..... his estate is entitled to a lien on the interests in remainder proportionate to the unexpired portion of the renewed term it .....