General Lien - Judgment Search Results

Board of Trustees of the Post of Bombay and ors. Vs. Sriyansh Knitters

Court: Mumbai

Reported in: AIR1983Bom88; 1983(2)BomCR185; (1982)84BOMLR509

..... passed judgment in favour of the plaintiff and observed that assuming that some of the charges are wharfage charges the company can have no general lien on these goods because the parties have dealt on the terms of the statutes which ..... act which provides that 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 .....

C.Lalitha Raj Vs. the Assistant General Manager

Court: Chennai

..... edition page 498 a passage reads as under the banker s lienapart from any specific security the banker can lock to his general lien as a protection against loss on loan or overdraft or other credit facility the general lien of bankers is part of law merchant and judicially recognised as such in brandao v .....

V.K. Thankappan and Another Vs. Uthiliyoda Muthukoya

Court: Kerala

..... of the surety is coextensive with that of the principal debtor the bank has a general lien over all forms of securities or negotiable instruments deposited by or on behalf of the customer in the ordinary course of banking business and that the general lien is a valuable right to the banker judiciously recognized and in the absence of agreement .....

Mohan Enterprises Rep. by Its Managing Partner Mr. Peetani Sambaiah Vs ...

Court: Andhra Pradesh

Reported in: I(2008)BC476

..... is any contract to the contrary it cannot be implied that the bank has a general lien over the specified security deposit for a specified purpose indisputably there is no contract offering to take the gold .....

The City Union Bank Limited by Its Branch Manager Vs. C. Thangarajan

Court: Chennai

Reported in: III(2003)BC528; [2004]118CompCas641(Mad); 2003(3)CTC710; (2003)1MLJ799; [2003]46SCL237(Mad)

..... a general lien over all forms of deposits or securities made by or on behalf of the customer in the ordinary course of banking business ..... merely to recover nominal charges but to recover in the shape of damages temperate and reasonable compensation for the injury thus done to his credit 25 the bank is entitled to exercise a general lien even against the fixed deposit amount of its customer only to .....

Vijay Kumar Vs. Jullundur Body Builders and Others

Court: Delhi

Reported in: AIR1981Delhi126; [1983]54CompCas125(Delhi); ILR1981Delhi516

..... behalf of their customers the charge is limited to the amounts of the bank guarantee after the bank guarantee has been released the bank has no right to hold the security in their hands and they are bound to return it to the customer when he makes a demand for them the express term of this contract between the banker and the customer is inconsistent with the general lien which the bank claims .....

Bank of Baroda Vs. D. Radha Krishna Reddy (Died) by Lrs.

Court: Andhra Pradesh

Reported in: 2007(6)ALD824

..... contract to the contrary an express contract between the parties creating a lien or security would exclude operation of the statutory general lien under section 171 of the contract act again the supreme court in the case of ..... whether the allegation in the complaint prima facie makes out an offence charged for obviously in a mechanical manner issued the process against all the appellants the high .....

Punjab National Bank Ltd. Vs. Satyapal Virmani

Court: Punjab and Haryana

Reported in: AIR1956P& H118

..... the difficulties arising from this conflict of opinion bankers have letters of security in which there are special terms of charge 12 a review of these authorities shows that where a banker has advanced money to another he has a lien on all securities which come into his hands for the amount of his general balance unless there is an express contract or circumstances to the .....

Mangalore Catholic Co-operative Bank Ltd. Vs. M. Sundara Shetty

Court: Karnataka

Reported in: [1990]67CompCas377(Kar)

..... and there was no intention on the part of the customer to created a private charge on the property even for the subsequent loan in such an event in view of the nature of the security given the bank cannot claim a general lien on the title deeds deposited with it 17 the next question is one of coercion .....

Syndicate Bank Vs. Vijay Kumar and Others

Court: Supreme Court of India

Reported in: AIR1992SC1066; 1992(2)ARBLR1(SC); I(1992)BC324(SC); [1992]74CompCas597(SC); JT1992(2)SC136; 1992(1)SCALE534; (1992)2SCC331; 1992(1)LC494(SC)

..... the high court also observed that the terms of the contract namely furnishing fdrs as security for the bank guarantee are inconsistent with the general lien that the bank claims and the bank can claim only a particular lien for the bank guarantee it also observed that since the bank guarantee has been discharged .....