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
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
security for a general balance of account, any goods
bailed to them.
54. The expression "general" preceding the term lien in the heading ... bailee‟s particular lien. As opposed to such
"particular" lien, Section 171 prescribes "general" lien of bankers and
certain other entities
petitioner, the petitioner refused to cooperate, as the bank
had exercised general lien and specific lien over the title deeds of the said
property ... petitioner to pay dues to enable the respondent to lift general lien
exercised on title deeds of his first mortgaged property. The petitioner is only
Agreement
has agreed that the respondent-bank shall have right of general lien or
similar right to which the bank may be entitled ... companies, the respondent-
bank is entitled to exercise its right of general lien under Section 171 of
the Contract Act, in respect of the amount
borrower for the
outstanding amount, allowing the bank to exercise a general lien on
the security provided
9. Further, the respondents relied on the judgment ... operative Bank Ltd.3 ,
where it was held that the general lien of bankers can be enforced on
2
2023 SCC OnLine
general balance of account any
goods bailed to it. However, this Section has got
recognition of right of general lien of Bankers under
English Mercantile ... lien can be
exercised by the Bankers and in which cases such lien
cannot be exercised by bankers will, equally apply to
exercise of lien
such adjustment was done by the Bank exercising the right of
general lien on all securities and all forms of commercial papers
deposited ... Banker's lien is explained as under:
"Extent of lien- By mercantile custom the
banker has a general lien over all forms
dated
08.04.2019 and 08.01.2020
respectively letter of general lien and
set off dated 08.04.2019 in respect of
plaintiff No.1
9 18.02.2019 Loan ... dated
08.04.2019 and 09.01.2020
respectively letter of general lien and
set off dated 08.04.2019 in respect of
plaintiff No.1
10 27.09.2018 Loan amount
support of
his contention that Bank has a general lien over all forms of security deposited
Page 4 of 17
by or on behalf ... since the first respondent Bank has repaid all their loans, the
general lien under Section 171 of the Contract Act cannot be applied
