Thus, Section 171 creates a general as
distinguished from a particular lien of
bankers. This section, however, limits the
right to a general lien ... which he deposited are
only applicable to one particular account and
not subject to a general lien. In other words
Section 171 is clear
Court notices that the banker's lien
under Section 171 of the Contract Act and the
particular agreement between the petitioners and
the Bank ... where there is no
mandate given to the bank specifically permitting
such lien.
2
This Court is of the view that unless the
salary account
circumstances which create suspicion of the commission
of an offence, in particular, the one under investigation
33
and he having exercised powers under Section ... accounts are not frozen in the
case at hand but lien on a particular sum is marked. Therefore, the
said lien cannot be directed
disbursements incurred on behalf of the vessel
or its owners;
(q) particular average or general average;
(r) dispute arising out of a contract ... crew; and
(w) maritime lien.
Explanation.--For the purposes of clause (q), the
expressions "particular average" and "general
average" shall have
definition of maritime
lien in Stroud's Judicial Dictionary as under:
"24. A definition of maritime lien has also been given in
Stroud ... exercising admiralty jurisdiction
shall award. Maritime lien are distinguished from all other
liens in these two chief particulars: (i) they are in no way
founded
17151/08 by P-1,
who, at the particular point of time did not have any lien over the subject
property, as he had sold
such as
'contractual lien', 'equitable lien', 'specific lien', 'general lien', 'partners
lien ... Volume 3 at page
1465 the following passage is found:
LIEN. (1) A lien-(without effecting a transference of the property in a thing
Joshi 2/14
19-wp-2691-2020.doc
employee was holding lien over such a post. In such
circumstances, half of continuous of services rendered ... subsequently appointed to hold a lien permanently. He
submits that, it is the experience of the particular post as a
daily wager that would entitle
predicted in a perfect manner only on the basis of a
particular behavior of a witness the case presented by
the defence cannot be disbelieved ... raise any reasonable doubt regarding any particular
aspect of the prosecution case, then the finding should
lien in favour of the defence. In this case
firm view that the
respondent bank cannot exercise right of lien to secure any
other liabilities of the mortgagor by retaining the documents ... guarantor, which are deposited with an
intention to secure a particular loan transaction. Lien is
primarily considered as a right to retain security
