general lien but a lien on specific
goods. The lien is limited only to those goods in respect of which the rates ... general lien but was a lien on specific goods."
From the aforesaid it becomes apparent that the lien of the KPT is limited
terms of the agreement as well as in terms of the general lien of the Bank as provided under Section 171 of the Indian Contract ... Indian Contract Act reads as under :--
"171. General lien of bankers, factors, wharfingers, attorneys and policy-Brokers.--Bankers, Factors, wharfingers, attorneys of a High
Chemitx
(India) Indore is duly secured by various mortgages. The general lien of
Bank does not extend to the document handover by the petitioners ... their possession as
a security for a general balance of account to
them. This general lien can be excluded by
special agreement whether expressed
Bank of Saurashtra on the ground that the Bank has the general lien on all the fixed deposits deposited by the investors and that there ... amount was not deposited, the Bank was constrained to enforce the general lien on the FDRs and an amount
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
specific sum and also for his general balance.
The bankers later claimed a general lien over the other property.
This claim was rejected ... would be regarded as "general balance of account" in respect of which it
has a general lien over the goods bailed
basis that the defendant no. 3 had a right of „lien
and detention‟ over the goods.
25. It is the contention of the defendant ... defendant no. 3 on
13.06.2023 on account of GRI "General Rate of Interest". It is pointed out
that the consignment of goods
said amount at this stage. That apart, the principle of General
Lien as provided in Section 171 of the Contract Act, 1872 would also ... amount so deposited. The submission that the bank had
general lien over such deposit in terms of Section 171 of
the Contract
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
still with the petitioner bank. Hence, the
petitioner bank has got general lien on the property of the third
respondent until the fourth respondent discharges ... from the bank having settled the dues
in full.
ii) Whether general lien can be exercised under
Section 171 of Indian Contract
