CameraIcon
CameraIcon
SearchIcon
MyQuestionIcon
MyQuestionIcon
3
You visited us 3 times! Enjoying our articles? Unlock Full Access!
Byju's Answer
Standard XII
Accountancy
Current Liabilities
Where the deb...
Question

Where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to be applied, the creditor ______.

A
may apply it at his discretion to any lawful debt actually due and payable to him from the debtor
No worries! We‘ve got your back. Try BYJU‘S free classes today!
B
may apply it at his discretion to any time barred debt
No worries! We‘ve got your back. Try BYJU‘S free classes today!
C
either (A) or (B)
Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses
D
(A) only but not (B)
No worries! We‘ve got your back. Try BYJU‘S free classes today!
Open in App
Solution

The correct option is C either (A) or (B)
Section 60 of The Indian Contract Law, 1872 talks about Application of payment where debt to be discharged is not indicated. It mentions that, "Where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitations of suits.'

flag
Suggest Corrections
thumbs-up
0
similar_icon
Similar questions
Q. Where the debtor has omitted to intimate, and there are no other circumstances indicating to which debt the payment is to be applied, the creditor may apply it at his discretion to any lawful debt actually due and payable to him from the debtor, whether its recovery is or is not barred by the law in force for the time being as to the limitations of suits.
Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or commission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat'.
FACTUAL SITUATION: A falsely pretending to be an Army General, intentionally induces B to let him have goods worth Rs. 20,000 on credit from his shop. A has no settled employment or bank balance on the day of the transactions.
QUESTION: Is A guilty of cheating in this case?
Q. Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
"SINY" with an intention to pick-pocket puts his hand into MINU's pocket. MINU had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.

Q. Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
'JAM' denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.
Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered shall be punished.
FACTUAL SITUATION: A kidnaps K intending and knowing the fact to be likely that K may be sacrificed to an idol so that his wife will be cured from the three months long fever. Police arrested A. A defends himself that his intention is not to murder K. Decide.
View More
Join BYJU'S Learning Program
similar_icon
Related Videos
thumbnail
lock
Non-Current and Current Liabilities
ACCOUNTANCY
Watch in App
explore_more_icon
Explore more
Current Liabilities
Standard XII Accountancy
Join BYJU'S Learning Program
book_image
Solve
book_image
Textbooks
book_image
Question Papers
book_image
Install app
CrossIcon