Section 171 in The Indian Contract Act, 1872
171. General lien of bankers, factors, wharfingers, attorneys and policy-brokers.—
Bankers, factors, wharfingers, attorneys ... contract to the contrary, retain as a security for a general balance of account, any goods bailed to them; but no other persons have
belonged to the Judgment-debtor and the Bank cannot have a general lien on the security given for the Bank guarantee and in such cases ... lien".
6. In Halsbury's Laws of England, Vol.20, 2nd Edn.p.552, para 695, lien is defined as follows:
Lien
recovery of charges.
The learned Additional Solicitor General first
contended that the appellants had a general lien under the
provisions ... rents are fully paid.
[2] Such lien shall have priority over all other liens
and claims, except for general average and for the
ship-owners
According to the law merchant, the banker can look to his general lien as a protection against, loss on account, or loss on loan ... bankers on account of their general business transactions, the rule in such cases being that the general lien is not excluded by a special contract
discharged. The bankers'
lien is in the form of general lien and the Bank has got a general lien, on
all securities deposited with ... contract or circumstance that shows an implied contract inconsistent with the
general lien. The Bank admits the presentation of the fixed deposit receipt
with
secure, the then, present and future general balance of
accounts, the bank, will have a general lien for such deeds in respect of
future debt ... lien can be exercised by bankers and in which cases such lien
cannot be exercised by bankers will, equally apply to exercise of lien under
general balance of account any goods bailed to it. Section 171 of the Contract Act, however, is a recognition of the right of general lien ... lien can be exercised by bankers and in which cases such lien cannot be exercised by bankers will, equally apply to exercise of lien under
deposited in the Pollachi Branch, by the plaintiffs were withheld as general lien over the documents. As the mortgages were discharged and the documents were ... documents could not be returned as the same are held as general lien towards the liability of Sree Vadivambigai Textile Mills Limited, which
reply on 30-10-1993 claiming that it has a general lien over the jewels pledged to it and it is entitled to
retain ... lien contemplated by Section 171 as such is specific provision relating to banker's lien and has an overriding effect on general provisions
explained as under:
"By mercantile custom the banker has a general lien over all forms of commercial paper deposited by or on behalf ... Apart from any specific security, the banker can look to his general lien as a protection against loss on loan or overdraft or other credit
