shared via CourseHero.

com
This study resource was

Page | 1
This study source was downloaded by 100000813398313 from CourseHero.com on 05-06-2021 10:20:44 GMT -05:00

https://www.coursehero.com/file/67711751/Banking-Liendocx/
BANKING LIEN
The lien of the broker is both a belonging lien and an exceptional lien. The bank can seize and
sell the property in its grasp of the defaulting loan boss, in the wake of giving a reasonable
notification however without experiencing the abandonment procedure. Nonetheless, the
consistency of an investor's lien may depend on the type of property and the motivation behind
why it was allowed to the bank (MURRAY, 2020). Inside this lien can be asserted trade charges,

1 KENTON, W. (2020). Lien.

2 PRITCHARD, J. (2020). Liens: What They Are and How They
Work. 3 Daniel, S. (2015). Bankers General Lien.

shared via CourseHero.com

This study resource was
credit-money balance, debatable protections and promissory notes4. In any case, properties of the
loan boss went over to the bank for a specific explanation, for example, secure care for selling by
a home loan organization, can't be declared under the lien of the moneylender.

ESSENTIAL ELEMENTS OF BANKING LIEN

There are four essential elements of Banking Lien.

POSSESSION OF GOODS BY BANK

Banker’s lien is the benefit to keep the merchandise offered to him as a broker if thus long as the

shared via CourseHero.com

purchaser to which he has a place or who can discard them when the products were sold is
This study resource was
obliged to the financier on the parity of the record between them 5, so the conditions under which
the broker gained proprietorship don't imply that he chose to pull back the benefit (Ellinger,
Lomnicka, & Hare, 2011). Broker's lien can effectively be accepted to exist just in regard of any
of the protections claimed by the bank, the leaser has a lien on those protections so it might hold
them against the total owed by the customer.

OWNERSHIP OF GOODS BY PRINCIPAL

The responsibility for the object in the bank's ownership must be with the client and kept by the
bank as protection, in any case, the bank can't practice the privilege of lien.

BANK HAS NO RIGHT OF LIEN ON MONEY

Bank doesn't attest the privilege of lien on target contributed by the buyer to the extent that it is
simply the recipient of the put-away cash without anyone else, however it likewise has the option
to make changes got by executing the set-off standard.

CONTRACT IN BANKING LIEN

The lien of the bank is invulnerable to each arrangement despite what might be expected and one
contending it must show that such an arrangement exists. On account of Chettinad Mercantile
Bank Ltd v PLA PichammaiAchi6, courts have decided that another huge part of the financier's

4 MURRAY, J. (2020). What is a Lien? Types of Liens and How They Work.
5 Ellinger, E., Lomnicka, E., & Hare, C. (2011). Ellinger's Modern Banking Law. Oxford University
Press. 6 Chettinad Mercantile Bank Ltd v PLA PichammaiAchi (1945).
lien is that the broker more likely than not acquired the offers at the appointed time of the
business. The correct exists normally until the opposite is unequivocally chosen.

RIGHT OF LIEN OF BANKER

On account of an arrangement repudiating the privilege of lien, the general lien concedes the
broker the benefit to hold property and offers relegated to him in his ability as a financier 7. It
applies to all items that the customer puts with him as a broker that is not indicated for another
explanation (Hasnat, 2016). A general lien will reach out concerning all totals owed to the bank
by the borrower.

shared via CourseHero.com

This study resource was
The option to the general lien is one of the fundamental benefits an investor appreciates. Lien
implies the lender's entitlement to hold the borrower's held property and offers until the
obligation owed to him is reimbursed. It gives the borrower the option to keep the account
holder's property, and not the option to sell it. The borrower can practice certain privilege
regarding the products and protections endowed to him by the account holder to be held by him
as security for an obligation due.

FEATURES OF BANKER’S RIGHT OF GENERAL LIEN

IMPLIED PLEDGE

A lien from a leaser is equivalent to a verifiable guarantee. The privilege of lien doesn't allow the
privilege of the offer on the borrower yet just the privilege of ownership of the items before the
obligation is reimbursed. The borrower will have the privilege of the offer on account of the
agreement8. The privilege to lien for an investor is something other than a general lien. If there
should be an occurrence of default by the purchaser, it gives upon him the option to sell the items
and protections. Such a lien right along these lines takes after a guarantee and is by and large
alluded to as an 'understood duty' (Insiya, 2017). While the financier appreciates the advantages
of a guarantee and may discard the offers after giving the client legitimate notification.

7 Hasnat, R. A. (2016). Special Features of Bankers Rights

8 Insiya. (2017). Banker’s Rights – Right of lien.
BANKERS PROTECTION

Section 171 of the Indian Contract Act 9 gives the privilege of lien on the broker: Hence, a no
different course of action or agreement is required consequently. Nonetheless, to play it safe, the
financier gets from the client a letter of lien determining that the things are appointed to the
investor as insurance for a present or potential advance and that the broker may practice his
privilege of lien over them. In the event of default concerning the customer, the financier is still
permitted to sell the items (K.G, 2018). In this way, the last depicts the motivation behind
entrusting the merchandise to the loan specialist, with the goal that the purchaser can't later
debate the equivalent10

shared via CourseHero.com

This study
LIMITATIONS OF BANKING LIEN resource was
Under the Indian Contract Act 187211, the lien is not allowed under the following cases

 Where the lender only keeps a potential loan. A contingent liability is that 'no balance
will be payable on the day from which the banker wants to exercise lien'.
 If there is an express bond, such as a counter-guarantee, including repayment.
 If the banker's deposit is for a particular reason, the bankers suggesting or expressly
notifying that intent.
 Where there is no shared need between the banker and the client business
 Where the valuables or title documents are held in the possession of the banker,
unintentionally.
 Where the valuables are obtained for safe custody.
 Where the payment is in respect of a trust.
 Where the transfer of merchandise (title document) is for a particular reason specified in
the bank.

9 Indian Contract Act. (1872).

10 K.G, S. (2018). A PROBLEM ON BANKER’S LIEN.
11 Indian Contract Act. (1872).
EXCEPTIONS OF BANKING LIEN

THE BANKER CANNOT EXERCISE A LIEN ON TRUST SECURITIES

In light of his advance, the loan specialist can't practice his entitlement to a general lien on the
offers held by the customer as a trustee (Nyerembe, 2017). Regardless of whether the
moneylender is oblivious of the way that the debatable offers don't have a place with the
customer, they don't disable his entitlement to the general lien12.

THE LIEN CAN BE EXERCISED ONLY ON THE CUSTOMER GOODS

shared via CourseHero.com

The loan specialist can't direct a lien on resources held in the client's common records against the
This study resource was
obligation of any of those record holders.

THE BANKER CANNOT EXERCISE LIEN UNTIL IT IS MATURED

The bank can't practice his lien directly over the protections kept with him for acquiring a credit
until he is given such an advance.

CASE LAWS

STATE BANK OF INDIA KANPUR V. DEEPAK MALVIYA

Segment 174 of the Act gives arrangement to the Pawnee to be under an obligation to discount
the products promised for any advance or settlement on which the merchandise was swearing
without an arrangement despite what might be expected. This is a general proviso which
accommodates a Pawnee and a pawner's relationship regarding the promised products. Area 171
of the Act, which accommodates the lien of the investor, is a specific provision and has a larger
impact on this general guideline, accordingly, the lien of the financier is frequently appropriate to
the merchandise bought13.

CURRIE V. MISA

In this case, holder of a bill has a lien on it emerging either from the agreement or from the result
of the rule, he will be viewed as an obligation holder to the total of the sum on which he has a
12 Nyerembe, M. (2017). Bankers right to lien customers deposit, its legal implication, challenges and
applicability. 13 State Bank Of India, Kanpur vs Deepak Malviya And Others (1995)
lien. A broker has a lien on the entirety of his client's offers and resources, which fall into his
ownership in the standard course of business as a financier14.

PUREWAL & ASSOCIATES AND ANOTHER V. PUNJAB NATIONAL BANK AND

OTHERS

The Court could intercede with the Bank's lien work out. Where the borrower fails to pay the
bank's obligations which brought about the bank's forswearing of administrations, the Supreme
Court of India requested that the bank grant the activity of one current record liberated from the
bank's supposed lien to permit the indebted person to carry on his everyday business exchanges,
and so forth bank to found different procedures for the recuperation of its duty15.

CONCLUSION
shared via CourseHero.com
This study resource was
In conclusion, the borrower can't pay the credit, we found that the excellence of banker’s lien
empowers the broker to sell the offers and keep the advance authentic. The lien additionally
covers the loan specialist, as they offer over similar security claims. Certain components, in any
case, have a few restrictions. In the first place, if the client stores protections he isn't in control
of, at that point, the banker6s lien can't be executed. In any case, if the protections are debatable
instruments, the banker6s lien may apply if the financier can demonstrate that he has in
compliance with common decency acquired the protections and has paid satisfactory thought for
them. Third, the standard that the loan specialist should offer the property without advising the
account holder to sell the protected property all the more seriously.

14 Currie v Misa (1874)

15 Purewal & Associates and Another vs Punjab National Bank and Others (1992).
shared via CourseHero.com
This study resource was
shared via CourseHero.com
This study resource was