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
this revision is whether the second
petitioner Bank could exercise its general lien and adjust the
amount payable to the respondent under a cheque, towards ... security for a
general balance of account, any goods bailed to them. The
learned counsel submitted that the right of general lien of the
banker
Hyderabad - M/s. Bank of Baroda, Hyderabad Main Branch has general lien and the said lien can be exercised against a time barred debt ... refund of the amount payable to the plaintiff. The defendant had general lien and exercised that lien against the amounts payable to plaintiff
time barred. The defendant-Bank does not have any right for general lien for the time barred loan. Hence, they are liable to receive ... defendant had the right of Banker's General lien over the jewels pledged by the plaintiff for other loans also. Therefore, the defendant sought
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
prohibits or bars the Bank
from exercising the general lien, as available under the Contract Act , even in
respect of barred debt. The question,
whether ... debtor, if it is available with them as security under the
general lien available for a Bank. Under
Limitation Act , as seen from Section
these circumstances. Section 170 of the Indian Contract ac refers to general lien of Bankers and others in respect of goods bailed to them which ... Banker's lien, it is stated:
"The general lien of bankers is part of the law merchant as judicially recognised, and attaches
evidence. The initial letter of defendant No.2 bank shows the
general lien claimed by the defendant No.2 upon the certain goods
which came ... respect of these 40 bundles. Defendant No.2 claims a
general lien over those goods. Defendant No.2 has shown the account
of defendant
Corporate Debtor executed various documents including
Demand Promissory Notes, Letters of General Lien, etc. in favour of the
Appellant Bank and also mortgaged its lease
Articles may be set out:--
" Article 264: Legal lien by contract -- A lien whether general or particular may be created and defined by contract ... although a lien so arising will generally be more in the nature of a pledge. A general lien often arises by contract between a company
