Trust constituted under the Major Port Trusts Act, 1963 have a general lien for their dues over the consignment imported by the importers ... lien but is a lien on specific goods.
13. Shri Zaiwala then urged that sub-section (1a) (e) of S. 63 indicates that the general
security for a general balance of account any goods
bailed to them. It is, therefore, clear that such
right of general lien cannot be extended ... security for a general balance of account". In any
event, exercise of such general lien after
determination of the relationship of Banker and
customer
same was refused on the ground that the bank
has a general lien and that the petitioner and their associate
concerns are having account with ... Banker's lien is explained as under:
"Extent of lien - By mercantile custom the banker has a
general lien over all forms
security for a
general balance of account any goods bailed to them. It is,
therefore, clear that such right of general lien cannot be
extended ... security for a general balance of
account". In any event, exercise of such general lien after
determination of the relationship of Banker and customer
lien is claimed. Liens are of two kinds: general and particular. A general lien is the right to retain the property for a general balance ... property detained. (Smith's Mercantile Law, Chapter on Lien.) Whilst particular liens are favoured, general liens are regarded with jealousy by the law, because
services he has
rendered in respect of them."
"171. General lien of bankers, factors,
wharfingers, attorneys and police-brokers. -
Bankers, factors, wharfngers, attorneys ... liens
Shivgan
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18-AOST-93898-
2020.odt
but 'general liens. If read carefully, 3 rd June message,
does not suggest, goods were
statutory lien under the Act, the B. P. T. has general lien under section 171 of the Contract Act as a wharfinger ... been made by the B. P. T. pursuant to the general lien which applies not only to a specific property, but to every other property
held that Bank cannot exercise it's
right of general lien over the title deeds deposited as security by
the petitioner in another account ... open
for the respondent Bank to continue to
exercise its general lien for the securities
deposited with it especially when it seeks to
recover
stating that Bank cannot exercise its right of general lien over the
title deeds deposited as security by the petitioner. Paragraph 12 of
the said ... respondent Bank to continue to exercise its
general lien for the securities deposited with it
especially when it seeks to recover the amount
from
Tulzapurkar pointed that the Bank in
exercise of the bankers general lien and its right of set off as available under ... Banker's lien, it is stated:
"The general lien of bankers is part of the law merchant as ju-
dicially recognised, and attaches
