other
words, the third respondent Bank has exercised its general lien.
Aggrieved, the petitioner has filed the present writ petition.
2. The learned counsel ... lien is mostly exercised by
the bankers, it is also called the banker's lien. With either a particular
lien or a general
petitioner stating that the Bank is entitled to exercise its
general lien over the credit balance in the pension account.
Ext.P4 notice issued ... learned Senior Counsel for the Bank
asserted that the general lien of the Bank extends over the
amounts outstanding to the credit of the petitioner
bank has got every right to
exercise its Right of General Lien and appropriate the monies of the
complainant to the loan out standings ... opposite party bank has every right to
exercise the right of General Lien for the repayment of the above said loan
amounts. The opposite party
Honble Supreme Court, inter-alia, held that the Bank has a general lien over
all forms of securities or negotiable instruments, deposited ... customers in the ordinary course of banking business and such a general
lien is a valuable right of the banker, judicially recognised
averred that the defendants in
exercise of their right to general lien and set off under Section 171
of the Indian Contract ... towards the outstanding amount. Further, it is submitted that general
lien is a valuable right of the bankers judicially recognized and that
the lien extends
show that by mercantile
system the Bank has a general lien over all forms of
securities or negotiable instruments deposited by or on
behalf ... customer in the ordinary course of banking
business and that the general lien is a valuable right of the
banker judicially recognized
framed by BSE r/w the Resolution of the
General Body of BSE dated 13.10.1999?
[B] Whether deposits made by the Defaulting Member under various ... will have precedence over other dues. It was
further held that the lien that the Stock Exchange may possess under Rule
43 does not make
Report, that in a case of hypothecation, a general lien is created, but possession is not transferred. In the case of a pledge, a special ... special property is transferred. However, in the case of mortgage, a general but limited interest in property is transferred with or without possession. The learned
different context such as 'contractual lien', 'equitable lien', 'specific lien', 'general lien', 'partners lien ... page 1465 the following passage is found :
"Lien. (1) A lien-(without effecting a transference of the property in a thing)-is the right
Hdfc Bank Limited Thro' Regional Head vs Ashima Limited on 28 February, 2014
Author