Comment on the following in the context of the prevailing banking practices and the statutory provisions: In a lien there should be a right of possession.

CS Professional · Banking - Law and Practice · PYQS · June 2019
Comment on the following in the context of the prevailing banking practices and the statutory provisions: In a lien there should be a right of possession.

Answer & Explanation:

In a lien there should be a right of possession because, lien is a right of one man to retain that which is in his possession belonging to another. Possession of the goods by the person claiming right of lien, is anterior to the exercise of that right and for which possession whether actual or conductive is a must. [Syndicate Bank Vs. Davander Karkare (A.I.R. 1994 Karnataka 1)].

Topics: Banking Law

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