Volume : 4, Issue : 4, April - 2015
AN ANALYSIS OF MARITIME LIEN AND ITS PRACTICE IN INDIA
Dr. Ram N. Sharma
Abstract :
<p><p>&nbsp;A maritime lien is a cross word puzzle or riddled with exceptions, qualifications and conflicting juristic writings for&nbsp;</p> <div>many people. In fact, what may be accurate in India may not be same in the circumstances of a particular case or in&nbsp;</div> <div>different jurisdictions.Therefore, it is a matter of interpretation. &ldquo;The Common law principle is that if a man has an article&nbsp;</div> <div>delivered to him, on the improvement of which he has to bestow trouble and expense, he has a right to detain it until his demand is paid.&rdquo; Its&nbsp;</div> <div>origin is lex mercatoriathat is mercantile law. Admiralty law has recognized maritime lien since period of long time and to understand it we need&nbsp;</div> <div>to refer to English law.Apart from its definition, there are different kinds of liens in practice in India such as particular lien, general lien, statutory&nbsp;</div> <div>lien, possessory lien and maritime lien. Importance of maritime lien and its enforcement procedure is explained in this article. It concludes with</div></p>
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Download PDF Journal DOI : 10.15373/2249555XCite This Article:
DR. RAM N. SHARMA AN ANALYSIS OF MARITIME LIEN AND ITS PRACTICE IN INDIA Global Journal For Research Analysis, Vol: 4, Issue: 4 April 2015