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International Journal of
Law
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VOL. 10, ISSUE 4 (2024)
Legal lens on liens: General lien insights
Authors
Rudraksh Singh Sisodia, Anshumaan Tandon, Rishab Jain
Abstract

This paper delves into the legal concept of liens, focusing on general lien insights within the Indian and English legal frameworks. A lien allows one party to retain possession of another's property until certain conditions, often involving payment, are met. Historically recognized as a self-help remedy in common law, liens have evolved with trade and commerce, necessitating judicial oversight to prevent arbitrary property withholding that could disrupt business transactions. The paper distinguishes between liens and pledges, emphasizing the natural occurrence of liens from obligations or unpaid debts.

Two types of liens are analysed: particular and general. The paper explores various examples, including bankers' rights over pledged assets and agents' rights under Section 221 of the Indian Contract Act.

A significant portion examines attorneys' liens under English and Indian law, highlighting their historical context and judicial interpretations. The landmark case RD Saxena v. Balaram Prasad Sharma is analyzed, where the Supreme Court of India clarified that case files do not qualify as goods under Section 171, thus attorneys cannot claim a lien on them. The judgment underscores the need for clear definitions and boundaries for solicitors' liens.

The paper concludes with a critical view of attorneys' liens, suggesting that while they are crucial for securing fees, they should not be misused to the detriment of clients. It advocates for alternative fee arrangements and stricter regulation to balance attorneys' rights with ethical standards and client protection.
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Pages:107-110
How to cite this article:
Rudraksh Singh Sisodia, Anshumaan Tandon, Rishab Jain "Legal lens on liens: General lien insights". International Journal of Law, Vol 10, Issue 4, 2024, Pages 107-110
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