...to appropriation of payments, to appropriate the money he has received either towards principal or interest. The assessment in respect of such receipts will proceed on this basis, that is to say. If...ascertained in accordance with the law of appropriation of payments. Neither the learned Solicitor General, who appeared for the Revenue, nor the learned counsel, who appeared for the assessees, questioned...later stage of the judgment. On December 16, 1948, the Malayan Legislature passed the Ordinance declaring that payments made in Japanese currency by debtors to their creditors in respect of debts...

...debtor's account. This is often known as appropriation of payments.(See P. Ramanatha Aiyar's Advanced Law Lexicon, 3rd Edn., 2005, p. 315...stated: (AIR pp. 459-60, para 5)“5. The principles governing appropriation of payments made by a debtor are under the general law well settled. When a debtor makes a payment, he has a...(FB) considered the position in detail. That was a case where the property had been sold in execution of a mortgage decree and the question was about the appropriation of the sale proceeds brought to court. The question was referred to the Full Bench in view of the conflict of decisions in that Court on the mode of appropriation. The Full Bench held that Sections 59 to 61 of the Contract Act embody the general rules as to appropriation of payments in...

...payment if he was not agreeable to the manner of appropriation specified by the judgment-debtors and the decree-holders were held justified in having accepted the instalments. It was also noticed that immediately after the first payment was made, the decree-holder had furnished the statement of accounts to the judgment-debtors wherein it was specifically indicated that the payments had...the admitted position that the general rule of appropriation of payments towards the debt is that in the absence of a specific condition or agreement to the contrary, the money paid by the judgment...general rules as to appropriation of payments in cases where a debtor owes several distinct debts to one person and voluntarily makes payment to him. They do not deal with cases in which principal and...

...entire amount of darpatni rent. 3. The essential question in the case is, as the District Judge says, a question of appropriation of payments. The District Judge is of opinion that...arriving at his conclusion upon the question of appropriation of payments, the District Judge has erred in applying the provisions of section 13 of reg. viii of 1819 to the parties to the present case...section of the Regulation, he would have arrived at the conclusion at which he has arrived upon the question of appropriation of payments. 5. As to the applicability of clause 3, section...

...error in holding that there were no directions for appropriation of payments towards the principal. We have not thought it necessary to ascertain the total number of applications in which recitals were...made by the mortgagors at the time of making part payments towards the principal, because on the view we take, these recitals, without more, do not assist the claim of the mortgagors....4. Under the preliminary decree an amount of Rs 42,430-2-6 was declared due up to June 23, 1941, towards principal and interest. The mortgagors made no payments under the decree directly to...

...except on the basis of the actual contract sued on with such re-appropriation of payments towards interest as are expressly prescribed. The section does not seem to contemplate any going back to any...recalculation of interest on the antecedent debt and the re-appropriation of payments towards interest made under that antecedent debt. The process of going back to the earlier debt is a peculiar...September 1937 executed for the balance due on a mortgage bond in favour of the same creditor executed on 19th December 1932 by the present defendants and some others. There had been considerable payments...

...understanding to the contrary, credit it in such manner as suits him best.”7. The respondent contends that the rule regarding the appropriation of payments is to be found in...regarding the appropriation of payments does not apply to the case before me. It appears to me that the amount declared to be due under O. 34, R. 4, cannot be regarded as two distinct debts, one on....8. There appears to be no authority for the first of these contentions. On the contrary there are several English cases in which the creditor has been allowed to appropriate payments...

....2. The first ground raises a question of appropriation of the sums paid by the judgment-debtor from time to time towards the satisfaction of the decree. It is said that the payments should...of Rs. 23,000 and exempting a part of the mortgage properties. None of these documents are clear as to an agreement between the parties relating to the appropriation of payments made by the judgment...interest up to date of decree.” This principle of appropriation has been applied from earliest time to payments made with respect to mortgage debt: vide the case of Gooroo Doss Dutt v. Ooma Churn...

...An interesting question was argued by Mr. K. Rajah Aiyar relating to appropriation of payments. The plaintiff had a mortgage from defendants 1 and 2. There was also a debt due to him from....It is now well settled that the plaintiff's right of appropriation is preserved to him until the moment of his filing the plaint in court (see Lord Macnaughten in Cory Brothers & Co. v. Owners.... Mr. K. Raja Aiyar contends that when the right of third parties are likely to be prejudiced, it must be taken that it would be inequitable on the part of the plaintiff to make the appropriation in a...

...an open payment. It proceeded, however, to award relief to the debtors under Section 8(2) under which no question of appropriation of payments can arise at all. Mr. Govindarajachari for the...justified in proceeding under Section 8(2) in the circumstances of the case. 2. Proceeding, then, under Section 8(1) the question of appropriation of payments made prior to 1st October, 1937...1. The short point raised in this appeal which has been brought by some of the defendants related to the mode of appropriating three of the payments made in scaling down the suit mortgage...

...05.09.2013 held that if there was an outstanding interest payable, a judgment debtor cannot compel a decree holder to give an appropriation of payments made to go towards the outstanding principal. I...have in the said case also approved of a memo of calculation setting out the various payments made and the appropriation which were to be first applied for discharge of outstanding interest before the...have in the judgment stated that the appropriation shall first be towards the interest and only if there exists a balance of amount in the total paid, it shall go for deduction from the principal. I...

...the general rule of appropriation of payments towards a decretal amount was that such an amount has to be adjusted firstly, directly in accordance with the direction contained in the decree, and in the...amounts received by way of retiral benefits, such as pension and gratuity, but not to payments made in respect thereof. On the other hand, once such payments were made, their character stood altered as...Altamas Kabir, J.— Leave granted. On 28-5-1986, Respondent 1, Bank sanctioned a loan of Rs 83,000 to Shri Durga Prasad, Respondent 2 herein. The appellant stood guarantee for...

...decree. There is no provision in the Act which permits the re-appropriation of payments made before 1st October 1937 except only the proviso to S. 19 which deals with payments made under the decree...appropriated to the amount of interest due on the mortgage. No objection appears to have been taken to this appropriation and when the appeal was filed before the lower Court, it was not contended that this...appropriation was wrong. The lower appellate Court's decree is dated 29th August 1940. It is now contended that it is open to the defendants to urge that this sum of Rs. 450 should be appropriated...

...Narayanan Chettiar v. Veeru Goundar (2). We are not concerned here, as we were in that case, with the appropriation of payments in the first instance towards costs. The debtors have sought...S. 19 of the Madras Act IV of 1938. In the light of the amended Act the appeals have to be treated as Civil Miscellaneous Appeals, and petitions have been filed for their conversion and the...refund of excess court-fee which must be allowed.The only point in the creditors' appeal, (A.A.O No. 73 of 1944—Appeal No. 189 of 1942) which deserves serious consideration relates to...

...the new section the debtor is entitled to have interest calculated at 5% per annum from the date of the transaction and also to have appropriation of payments made before the date on which the act..., There was no scope for the application of s, 5. I am unable to agree. There is nothing in s. 5 which restricts its operation to oases of payment under s. 4. The act contemplates payments other than under...1. The judgment - debtor applied under s. 7 of act 31 of 1958 for amendment of the decree passed after the said act came into force. The application was...

...rules as to appropriation of payment in a case where a debtor owes several distinct debts to one person and voluntarily makes payment. The principles are what are known in English jurisprudence as Rules in Clayton's case. It is true that statutorily it is not provided that the same rules would apply to payments made...the law as under :—“The general rule of appropriation of payments towards a debt is that in the absence of a specific indication to the contrary by the debtor, the money is first applied...R.C Lahoti, J.— This is a decree holder's revision feeling aggrieved by an order dated 15.5.87 passed by a executing court directing appropriation of payment made by the judgment debtor as...

...defendant 1 has paid into the credit of the account several sums of money. These payments would, according to the rules relating to the appropriation of payments, have reduced considerably the amount of the.... 9. After all, all the rules relating to appropriation of payments and the rule formulated by the Master of the Bolls in Clayton's case are rules based on the intention of parties actual, presumed or...this that the decision of the learned Judge could not be held to be wrong on any such hard-and-fast application of the rule relating to appropriation of payments. 11. The view that...

...then the 1st defendant has paid in to the credit of the account several sums of money; these payments would, according to the rules relating to the appropriation of payments, have reduced considerably...all, all the rules relating to appropriation of payments and the rule formulated by the Master of the Rolls in Clayton's case are rules based on the intention of parties, actual, presumed or even...that the decision of the learned Judge could not be held to be wrong on any such hard and fast application of the rule relating to appropriation of payments.The view that we have thus...

...it convenient to dispose of these appeals by this common judgment.2. The question of law involved in these two appeals relates to the mode of appropriation of payments made by the...274 : AIR 1970 SC 161 directed the appropriation of sums paid by the judgment-debtor towards the outstanding interest at the first...towards costs and interest payable under the decree and if any balance remains after such appropriation towards discharge of the principal amount. Since the lower Court has not followed the above...

...arbitrator is to be executed strictly in terms of the award which acquired the status of the decree. He contended that it is general rule of law that appropriation of payments of debts is first to be...disputed that there is no agreement between the parties regarding the mode of payment of the decreetal amount. It is also the admitted position that the general rule of appropriation of payments towards...general rule of appropriation of payments towards a decretal amount is that such an amount is to be adjusted firstly, strictly in accordance with the directions contained in the decree and in the...