Doctrine of Salvage Lien: Maritime Law Essentials

In the view of Hill, J. " the weight of authority is strongly against the doctrine that the man. .who had paid off the privileged claimant stands in the shoes of the privileged claimant and has a lien, whether it be regarded as a general doctrine or as applied to wages only ". ... s opinion justified the application of the doctrine that persons paying off a privileged claim would stand in the shoes of those claimants....

-If the money was in the proctor's hands there may be a lien, but if the money was deposited in Court, would the proctor have a lien?] The money was won for the plaintiffs by the proctor. The principle of salvage applies to a proctor who has succeeded in an action. ... 1 A solicitor who succeeds in an action has a lien over the amount recovered; the lien may be compared to salvage ove....

2023 0 Supreme(Mad) 3371

dues constitute a maritime lien. ... According to them, the plaintiff does not have any maritime lien over the defendant vessel and they cannot also step into the shoes of the port trust and claim maritime lien. ... repatriation and social insurance contributions payable on their behalf; (b) claims in respect of loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel; (c)....

The plaintiff here, therefore, has' to fall back on the doctrine of ordinary lien, and his contention is that he was deprived of his actual possession under that lien by vis major, and that in point of law it still exists on the ground of constructive possession. ... No doctrine of constructive possession on the plea of ouster by vis major can be availed of here. The right of lien depends on actual p....

2022 0 Supreme(Bom) 896

Polygreen has no maritime lien or maritime claim over MT Pamboor 2 independently. 32. ... The LOF Salvage Agreement has what is called a SCOPIC clause (copy at Exhibit “H” at page 103). On 4th February 2022, Polygreen formally notified Shiny Shipping that pursuant to clause (7) of the LOF Salvage Agreement, Polygreen would invoke the SCOPIC clause in the LOF Salvage Agreement. ... The SCOPIC clause is clearly supplementary....

2022 Supreme(Online)(Bom) 3506

Polygreen has no maritime lien or maritime claim over MT Pamboor 2 independently. 32. ... The LOF Salvage Agreement has what is called a SCOPIC clause (copy at Exhibit “H” at page 103). On 4th February 2022, Polygreen formally notified Shiny Shipping that pursuant to clause (7) of the LOF Salvage Agreement, Polygreen would invoke the SCOPIC clause in the LOF Salvage Agreement. ... The SCOPIC clause is clearly supplementar....

2025 Supreme(US)(ca5) 168

“Whether a maritime lien exists is a question of law, reviewed de novo.” ... Second, the purpose of the doctrine is to protect unsuspecting third-party creditors and purchasers from secret, unrecorded liens. See Atlantic & Gulf Stevedores, Inc. v. M/V Grand Loyalty, 608 F.2d 197, 200–01 (5th Cir. 1979). ... Even so, that doctrine does not bar our conclusion for two reasons. First, deciding that a vessel’s new function must be considered wou....

2025 Supreme(Online)(Mad) 66887

The salvage lien is confined in English law to maritime lien. 51. In Mulla's (iii) a mortgage executed on the directions of the court to preserve a property; (iv) where a "salvage lien" is created ice, where lien is created for moneys advanced for the purposes of saving the property from destruction or forfeiture. ... Salvage liens are confined in English law to mariti....

2022 0 Supreme(Bom) 10

Arsiwala regarding the Doctrine of Election is concerned, I find that the said argument, in the facts and circumstances of the present case, is wholly misconceived. The Doctrine of Election cannot and does not arise in the facts and circumstances of this case at all. ... Even as far as the Salvage charges are concerned, Mr. ... The ground on which sale was sought was that there was a severe risk of deterioration of the said Vessel which had....

(3) The value of the property employed in the salvage service. (4) The danger to which the property is exposed. (5) The time and labor expended in the performance of the salvage Service. ... The only question that arises for decision is what amount the plaintiff is entitled to as salvage. There is no absolute rule or fixed scale of remuneration in civil salvage (The Ewell Grove 1835 3 Hagg. 209,221). ... - This is....

2018 0 Supreme(Bom) 636

This lien was liable to be terminated by payment of freight to the ship-owner or demise charterer, as the case may be. Cargo is also susceptible to a maritime lien in respect of claims based on bottomry and respondentia and salvage. Other than for enforcement of these liens, there is no known case of arrest of cargo.

Consumer

Another letter was written by W.K. Webster & Co. to National Insurance Company on 30th July, 1998, its para runs, as follows:- "As previously stated, our intentions are as follows: However, you will appreciate it will be difficult to prove that the salvage was concocted, and therefore if we fail on that score, we may have to peruse a recovery against the BAYRAM ABI and/or her sister ship". Firstly to challenge the salvage itself and the responding lien.

2009 1 Supreme 110

This is also subject to the doctrine of notice i.e. that parties to the registered deed executed after the unregistered deed did not have notice of the same; (ii)where there are exceptions carved out by a statute—for example, Section 98 of the Bengal Tenancy Act; (iii)a mortgage executed on the directions of the court to preserve a property; (iv)where a “salvage lien” is created i.e. where lien is created for moneys advanced for the purposes of saving the property from destruction or forfeitur....

2006 5 Supreme 148

This is also subject to the doctrine of notice, i.e., that parties to the Registered Deed executed after the Unregistered Deed did not have notice of the same; (ii)where there are exceptions carved out by a statute for example, Section 98 of the Bengal Tenancy Act. (iii)a mortgage executed on the directions of the Court to preserve a property; (iv)where a salvage lien is created, i.e., where lien is created for moneys advanced for the purposes of saving the property from destruction or forfei....

2006 0 Supreme(Mad) 903

What is contained in this clause is based on the English doctrine of equitable lien as propounded by Baron Rolfe in Goode V. Burton. This clause confers statutory recognition on the English doctrine of equitable lien. As pointed out by the Privy Council in Webb V. Macpherson the statutory charge under this paragraph is inflexible. This clause obviously applies to a situation where the ownership in the property has passed to the buyer before the whole of the purchase money was....