Bankers' Lien is called Implied Pledge. Comment.

CS Professional · Banking - Law & Practice · PYQS · June 2023
Bankers' Lien is called Implied Pledge. Comment.

Answer & Explanation:

Under Section 171 of Indian Contract Act, 1872, the lien of banker is called the general lien which is available to the bank for the overall balance in different loan accounts rather than for a particular lien transaction. The banker's general lien is also called as implied pledge as a result the banker has the right to sell the goods and securities under its possession when these are retained under lien. There is no written pledge agreement between the bank and the debtor, but this right is available under a contractual obligation, due to which it is called implied pledge.

Topics: Banking Law

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