Right to Set off, appropriation, safe deposit lockers & articles, Nomination Rules, Garnishee order
Chapter notes, video classes, MCQ practice tests and quick-revision one-liners for VIDEO LECTURES OF ASHISH SIR (FOR ALL SCALES) — Bank Promotions.
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What is the banker's right of set-off?
The right of set-off allows a banker to combine two or more accounts of the same customer and adjust a debit balance in one account against a credit balance in another account.
Can a bank exercise right of set-off against a minor's account?
No, right of set-off cannot be applied to a minor's account.
What are the essential conditions for exercising the right of set-off?
The debts must be certain and ascertained, both accounts must be in the same name and same right, and the debt due to the bank must be legally recoverable.
What notice must a bank give before exercising the right of set-off?
Banker must give prior notice to the customer before exercising set-off.
Can a bank exercise right of set-off against a joint account to recover dues from a sole account?
No, a bank cannot exercise right of set-off against a joint account to recover the individual dues of one of the joint account holders, as the legal entities are different.
Can a bank exercise set-off against a trust account for the trustee's personal dues?
No, trust funds cannot be set off against trustee's personal liability.
What is the difference between right of set-off and right of lien?
Right of set-off involves combining debit and credit balances in accounts, while right of lien gives the bank the right to retain goods or securities pledged until dues are cleared.
What is Section 60 of the Indian Contract Act regarding appropriation of payments?
Creditor may apply payment to any lawful debt including time-barred ones.
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