Search Results Page

Search Results

1 - 10 of 20 (0.93 seconds)
Jayalal D vs The Chief Manager on 23 January, 2026 cites

Gurbax Rai And Ors. vs Punjab National Bank, New Delhi on 20 March, 1984

When the borrower has created a WP© Nos. 26253, 36140 & 37946 of 2025 6 2026:KER:5512 mortgage to secure a particular loan, he is entitled to redeem the mortgage by payment of the debt. Such a mortgage is a contract contrary to the general lien provided under Section 171. The learned Counsel for the Borrowers cited the decisions of the Hon'ble Supreme Court and of various High Courts including this Court in Gurbax Rai and Others v. Punjab National Bank, New Delhi [(1984) 3 SCC 96], R.D.Saxena v. Balram Prasad Sharma [(2000) 7 SCC 264], Alekha Sahoo v. Puri Urban Co-operative Bank Ltd. and Others [AIR 2004 Ori 142], Biju Jacob v. The Authorised Officer, Federal Bank Limited and Others [2010:KER:20841], State Bank of India and Another v. Jayanthi and Others [AIR 2011 Mad 179], Syndicate Bank v. Sheela Julian [2018 (5) KHC 282], State Bank of India v. Joshy P.K. and Others [2019:KER:19625], Sunil Ratnakar Gutte v. Union Bank of India [AIR 2022 Bom 195], PNB Vesper Life Science Pvt. Ltd. v. Registrar of Co-Operative Societies [2023 (3) KHC 116], Thomas George v. Corporation Bank [2023:KER:68061], Balaram Choudhury v. Indian Bank, Bhubaneshwar [AIR 2024 Ori 107], Inkel Ltd. v. Federal Bank Limited [2024 KHC 1604], and Kerala Bank and Another v. WP© Nos. 26253, 36140 & 37946 of 2025 7 2026:KER:5512 Manarkattu Theatres (P) Ltd. [2024:KER:2707] in support of their contentions.
Supreme Court of India Cites 0 - Cited by 10 - D A Desai - Full Document

Alekha Sahoo vs Puri Urban Co-Operative Bank Ltd. And ... on 29 April, 2004

In Santhakumary Amma P. (supra), the learned Single Judge of this Court refused to follow the decisions in Alekha Sahoo (supra), Sunil Ratnakar Gutte (supra) and PNB Vesper Life Science Pvt. Ltd. (supra) in view of the findings of the Hon'ble Supreme Court in Syndicate Bank (supra) that the Banker has 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.
Orissa High Court Cites 15 - Cited by 12 - M M Das - Full Document

Syndicate Bank vs Vijay Kumar And Others on 5 March, 1992

5. Per Contra, the learned Counsel for the Banks contended that the issue is no longer res integra and it is well settled by the decisions of the Hon'ble Supreme Court and of various High Courts, including this Court. The Banks are entitled to retain all securities available with them to invoke the general lien provided under Section 171 of the Contract Act. Adv.Sri.Jithesh Menon invited my attention to the Memorandums of Deposit of Title Deeds dated 07.06.2014 and 24.08.2015 executed by the Petitioner in W.P.(C) No.36140/2025, in which it is stated that the security of equitable mortgage is for the credit facilities stated therein and for any other credit facilities that may be granted to him by the Bank thereafter. Learned Counsel further pointed out the recital in the Agreement of Loan dated 24.08.2015, executed by the said Petitioner, that nothing contained in the Agreement or any security documents shall be construed as excluding the general lien. Adv.Sri.Ramola WP© Nos. 26253, 36140 & 37946 of 2025 8 2026:KER:5512 Nayanpally contended that W.P.(C) No.37944/2025 is premature, as the Petitioner therein has not even settled the loan liability for which the title documents are deposited to create the equitable mortgage. The learned Counsel for the Banks cited the decisions in Syndicate Bank v. Vijay Kumar and Others [(1992) 2 SCC 330], Sadhna Gupta v. R.C. Gupta [2009 SCC OnLine Del 2334], Thankappan V.K. and Another v. Uthiliyoda Muthukoya [2011 (2) KHC 738], Mohammad Maqbool Kunash v. Jammu and Kashmir Bank Ltd. [AIR 2013 J&K 14], Nakulan v. Deputy General Manager, Canara Bank, Kollam and Others [2014 (1) KHC 51], Nayabuddin v. Union of India and Others [2016 KHC 2950], Swapan Paul and Another v. State Bank of Bikaner & Jaipur and Others [2017 SCC OnLine Cal 12478], A.A. Associates and Another v. Indian Overseas Bank and Others [2019 SCC OnLine Mad 783], C.R.Ramachary v. Indian Overseas Bank and Others (Order dated 31.10.2018 of the Madras High Court in W.P. No.16812/2018], P.V.Hariharan v. The Indian Overseas Bank and Others [2019:KER:50206], Babu George v. State Bank of India [2022:KER:49612], WP© Nos.
Supreme Court of India Cites 2 - Cited by 143 - J S Verma - Full Document
1   2 Next