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1 - 6 of 6 (0.22 seconds)Section 61 in The Transfer Of Property Act, 1882 [Entire Act]
The Indian Penal Code, 1860
Section 60 in The Transfer Of Property Act, 1882 [Entire Act]
Section 171 in The Indian Contract Act, 1872 [Entire Act]
Raj Kumar & Anr vs Syndicate Bank on 1 February, 2016
In terms of the statute bankers are empowered to retain as
security any goods bailed to them for a general balance of account.
H'ble the High Court of Delhi in the judgment rendered in 'Raj Kumar
Vs. Syndicate Bank delivered on 01.02.2016 has held that title
documents in respect of immovable property are also 'goods' within
the ambit of the general lien of bankers. The mortgage is redeemed on
29.04.2015 whereas the balance confirmation letter in respect of the
housing loan is executed on 23.09.2014. There was general account
balance due against the defendant 1 and 2 as on 29.04.2015 and the
entitlement to exercise the general lien in respect of the title document
of the property in question came into operation on 23.09.2014. The
title documents in respect of the property in question would fall
outside the preview if there was any contract to the contrary entered
into between the parties, express or implied. At the time of the
availing of the loan in question from the defendant no. 3. the
defendants besides mortgage of the property in question had stood as
guarantors executed personal guarantee bonds and undertaking. The
express condition embodied under the guarantee agreement which is a
non obstinate clause and mandates as follows:
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