GENERAL LIEN AND PARTICULAR LIEN
Sec-171 of Indian Contract Act confers the right of general lien on bankers.
A banker in the absence of a contract to the contrary retain as a security for a general balance of the account. any goods bailed to them. No specific form /contract is required to executrix’s lien. A general lien can always be implied.
Banks lien is not barred by law. Banks lien tantamount to an implied pledge.
PARTICULAR LIEN: It covers the right to retain possession of goods in respect of which dues have arisen.
Lien is exercisable only if the customer is liable on the same footing and capacity. Any fiduciary relationship would thwart the exercise of lien.
When there is a trusteeship, agent or principal relationship or for any specific reconstructed intention, lessor.lessess.