Banker's lien is
explained as under:
"Extent of lien.-- By mercantile custom the banker has a general
lien over all forms ... implied agreement
inconsistent with the lien ....
... The lien is applicable to negotiable instruments which are ...
remitted to the banker from the customer for the purpose
meaning of
Section 171 of the Contract Act codifying the general lien of Bankers and
which is also not the case here.
10. The counsel ... general
lien of the banker‟s as under:-
"171. General lien of bankers, factors, wharfinger, attorneys and
policy brokers - Bankers, factors, wharfingers, attorneys
Certificate‟, the relationship of Banker and
customer ceases. As a corollary, the right of „banker‟s lien‟ will
come to an end. Therefore ... right of the banker judicially recognised and in the absence
of an agreement to the contrary, a banker has a general lien over
such securities
JUDGMENT
1. This execution case raises the question of a banker's lien.
2. The decree-holder obtained a decree on November ... merely a particular lien and not a general lien."
16. In my opinion the present is a case of particular lien.
17. The letter
trade usage of relationship between
bankers and customers. But it is also
made clear that a banker‟s lien, when
it is not excluded ... character
as a banker. Thus, the statute does
not seem to expressly refer to
banker‟s lien in respect of deposits
but, however, money
operative Bank Ltd.3 ,
where it was held that the general lien of bankers can be enforced on
2
2023 SCC OnLine ... Chitty on Contracts, 29th Edition (2004) - Volume-II,
Page 496 on Bankers‟ Lien, it is stated as follows:
"... The most frequent example of circumstances
bank guarantee or some amount is deposited by the petitioner with is bankers for this bank guarantee, the petitioner is still not out of pocket ... bankers may demand whole or part of the amount of bank guarantee to be deposited with it. There may be bankers lien on such
Strides Pharma Science Limited vs Round The Clock Logistics Private ... on 28 July, 2023
Author
Next World
Technologies under the right of "General Lien" of Banker.
13. In the backdrop of the above factual matrix and rival contentions ... Rangoon 66],
observed that in order to create Banker's lien on several accounts, it was
necessary that they must belong to the „payer
goods in case of any dispute, the applicant has a banker's lien on all bills, goods and security documents. She further submitted that ... case of any dispute the Bank shall also have the Banker's lien on all bills goods securities documents and moneys belonging or purporting
