Section 41
Section 41
(1)
Subject to this
Act and any other law,
Unpaid notwithst!lnding that the property in the goods may have seller'srights passed to the buyer, the unpaid seller of goods, as such, has by implication of law-
(a)
a lien on the goods or right to retain them for the price while he is in possession of them;
,
(b)
in case of the insolvency of the buyer, a right of stopping the goods in transit after he has parted with the possession of them;
(c)
a right of re-sale as limited by this Act.
(2)
Where the property in goods has not passed to the buyer, the unpaid seller has
(in addition to his other remedies) a right of withholding delivery similar to and co-extensive with his rights of lien or retention and stoppage in transit where the property has passed to the buyer.
Unpaid seller's lien 42.
(1)
Subject to this Act, the unpaid seller of goods who
Seller'slien is in possession of them is entitled to retain possession of them until payment or tender of the price in the following cases :-
BLR.O.l/
1999
26
Sale of Goods
Part delivery
Termination oflien
(a)
where the goods have been sold without any stip~lation as to credit;
(b)
where the goods have been sold on credit but the term of credit has expired;
(c)
where the buyer becomes insolvent.
(2)
The seller may exercise his lien or right of retention notwithstanding that he is in possession of the goods as agent or bailee for the buyer.