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1 - 5 of 5 (0.22 seconds)N. Mohamed Hussain Sahib vs The Chartered Bank, Madras And Anr. on 16 October, 1963
A similar view has been taken by the Madras High Court in the decisions in Brahmayya and Co. v. K. P. Thangavelu Nadar, AIR 1956 Madras 570 and N. Mohammed Hussain Sahib v. Chartered Bank, Madras AIR 1965 Madras 266.
Punjab National Bank Ltd. vs Satyapal Virmani on 21 November, 1955
9. This being the position in law, there is no question of the bank exercising the 'lien' for the purpose of retaining the money in fixed deposit. With the views expressed by the learned Judges in Jai Kishan Dass v. Central Bank of India, AIR 1955 Punjab 250, Punjab National Bank v. Satyapal Virmani, AIR 1956 Punjab 118 and in Devendrakumar v. Gulabsingh, AIR 1946 Nagpur 114 (relied on by the counsel for the bank in support of the above argument) to the contra with respect, I cannot agree. The ratio discernible from these decisions, in my view, is only this : "when moneys are held by the bank in one account and the payer in respect of these moneys owes the bank on another account, the banker's lien gives the bank a charge on all the monies of the payer in its hands, so that they may be transferred to whatever account the bank chooses, to set off or liquidate the debt".
Section 148 in The Indian Contract Act, 1872 [Entire Act]
Firm Jai Kishan Dass Jinda Ram And Ors. vs Central Bank Of India Ltd. on 24 March, 1955
9. This being the position in law, there is no question of the bank exercising the 'lien' for the purpose of retaining the money in fixed deposit. With the views expressed by the learned Judges in Jai Kishan Dass v. Central Bank of India, AIR 1955 Punjab 250, Punjab National Bank v. Satyapal Virmani, AIR 1956 Punjab 118 and in Devendrakumar v. Gulabsingh, AIR 1946 Nagpur 114 (relied on by the counsel for the bank in support of the above argument) to the contra with respect, I cannot agree. The ratio discernible from these decisions, in my view, is only this : "when moneys are held by the bank in one account and the payer in respect of these moneys owes the bank on another account, the banker's lien gives the bank a charge on all the monies of the payer in its hands, so that they may be transferred to whatever account the bank chooses, to set off or liquidate the debt".
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