could have taken a stand that
under general law, it could have exercised
its right of general lien which by judicial
pronouncements has been extended ... 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
could have taken a stand that
under general law, it could have exercised
its right of general lien which by judicial
pronouncements has been extended ... 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
could have taken a stand that
under general law, it could have exercised
its right of general lien which by judicial
pronouncements has been extended ... 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
Section 171 of the said Act reads as under:
"171. General lien of bankers, factors wharfingers, attorneys and policy-brokers. --Bankeres, factors, wharfingers, attorneys ... very well be seen from the aforesaid provision that Bankers have general lien in the absence of contract to the contrary to retain security
them
in the normal course of business transaction by exercising the
general lien under Section 171 of the Act and, therefore, they
are bound ... contract
to the contrary, which prevents the bank from exercising their
general lien and as to whether any goods have been bailed to
them
which was mortgaged as regards a different loan account, as a
general lien for any other loan accounts or any other account in which ... them in the
normal course of business transaction by exercising the general
lien under Section 171 of the Act and, therefore, they are
bound
goods bailed to them as security for "general balance of account". Thus, general lien of the factors extends to all its lawful claims ... that the lending was not a part of the general commission agency business. The general lien granted, inter alia, to the factors
which respectively provide for (a) bailee's particular lien, (b) general lien of bankers, factors, wharfingers, attorneys and policy brokers and (c) agent ... chattels, or in the case of some liens, unconnected with the chattels.
14. However, lien in general has been understood to mean the right
reads it, it is in regard to price, date of delivery, general lien, guarantee, disputes, and specification. The question before us is as to whether
Hdfc Bank Limited Thro' Regional Head vs Ashima Limited on 28 February, 2014
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