LIEN:
1. Lien is the right of a person, who has lawfully received property belonging to another to retain that property for so long as the debt owned by the owner of the property remains unpaid.
2. The Lien is a right to retain the property until some claim due to owner be satisfied.
3. In its widest meaning, Lien includes every case in which real or personal property is charged with the payment of any debt or duty; every such charge being called a lien on the property.
SOME TYPES OF LIEN:
1. PARTICULAR LIEN OF BAILEE (Section 170):
Section 170: Where the bailee has, in accordance with the purpose of the bailment, rendered any service involving the exercise of labour or skill in respect of the goods bailed, he has, in the absence of a contract to the contrary, a right to retain such goods until he receives due remuneration for the services he has rendered in respect of them.
2. GENERAL LIEN OF BAILEE (Section 171):
Section 171: Bankers, factors, wharfingers, attorneys of high court and policy-brokers may, in the absence of a contract to the contrary, retain, as a security for a general balance of account, any goods bailed to them; but no other persons have a right to retain, as a security for such balance, goods
bailed to them, unless there is an express contract to that effect.
LINE MAY ARRISE MY
1. By the operation of law
2. By the express contract
3. By the implied contract
When does a Lien End?
A lien may be terminated in a number of different circumstances which include where:
1. The debtor discharges its obligations in respect to the lien.
2. The parties agree to discharge the lien or one of them waives their rights
3. The lien holder does some act to terminate the lien, such as transferring possession of the property to a third party.
SOME IMPORTANT LINKS
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Precedent as a source of law
SOURCES OF LAW
Introduction and passing of Bills
Council of Common Interest
Appointment of judges | Judicial commission of Pakistan
Contract Act 1872 | Section 59 to 61
Title in jurisprudence | LLB part 1
Contract Act 1872 | Section 62 to 67 | Contracts which need not be performed
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