Lien/Right of Banker to set off

Lien/Right of Banker to set off

section 171 contact Act, lien / right of banker to set off — principle—Banker and customer – even under the law which provided for recovery through coercive process csuch as land revenue, determination of amount due is an essential pre-requisite—bank cannot be conferred with judicial powers for determination of amount due against its customer/borrower – right/power to sell off is available only where amount claimed is due and is certain and determined by competent judicial forum.

2015 SCMR 1341

Claim on breach of Contract

Claim on Breach of Contract

Section 55 of the Contact Act 1872, Breach of Contract… claim for damages—- Scope—party could maintain his right to claim damages with reference to a breach of contract but such right would not be available for the party with reference to natural local or international changes causing effect upon value of the subject of contract particularly when this was not so mentioned in the agreement.

PLD 2015 Sindh 481