SARFAESI
Act, 2002 to contend that certain categories of security or lien,
particularly in respect of money or deposits governed by the Indian
Contract ... respect of money or deposits under lien are preserved and may be
exercised independently of insolvency proceedings, particularly where
such rights emanate from contractual stipulation
opposite party-Bank had no right
of lien over the same and therefore, said amount could not have been
appropriated towards the outstanding loan dues ... concerned, the opposite party-Bank cannot have any general or particular
lien over the same and the provision of section 171 of the Contract
Joyce J. in particular held :
"... It is true that the bankers have a general lien on the securities of any customer deposited ... particular purpose, to secure any sum in which the customer may be indebted to the bankers. This, however, is a lien upon the securities
inter alia on permanent basis. A lien is created
in the deployed unit, and that lien in service jurisprudence is
treated as the umbilical cord ... transfer idea does not operate, more particularly,
when the posts in which deployed employees are given the lien
there, which shall wither away with
using kisan credit card. His client has exercised banker's lien.
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3. Affidavits had not been called ... bank will file affidavit regarding its authority to exercise
lien over the deposits. Also, particulars are to be furnished regarding
its claim against appellant
becomes entitled to hold a "lien" on
the post. This "lien" is defined in Fundamental
Rules, section III, Ch II, Rule ... basis
could he claim lien on the post to which he is so
appointed.
14. Applying the principles of "lien", as
discussed above
posts against LIEN
vacancies are likely to be regularized subject to
vacation of lien and satisfactory performance. The
lien admittedly got vacated. The performance ... Most importantly, the offer of
appointment also stated that in case the lien was
vacated, the Appellant's service was to be
continued further
posts against LIEN
vacancies are likely to be regularized subject to
vacation of lien and satisfactory performance. The
lien admittedly got vacated. The performance ... Most importantly, the offer of
appointment also stated that in case the lien was
vacated, the Appellant's service was to be
continued further
posts against LIEN
vacancies are likely to be regularized subject to
vacation of lien and satisfactory performance. The
lien admittedly got vacated. The performance ... Most importantly, the offer of
appointment also stated that in case the lien was
vacated, the Appellant's service was to be
continued further
posts against LIEN
vacancies are likely to be regularized subject to
vacation of lien and satisfactory performance. The
lien admittedly got vacated. The performance ... Most importantly, the offer of
appointment also stated that in case the lien was
vacated, the Appellant's service was to be
continued further
