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Documents citing The Andhra Paper Mills Co., Ltd. vs Anand Bros. on 1 November, 1950

The Bank Of Rajasthan Ltd. vs Sh. Pala Ram Gupta And Anr. on 17 October, 2000

17. Article 1 in Schedule I of Court-fees Act, 1870 provides for written statement pleading a set-off to be levied with court-fee. Since the written statement claiming set-off is to be treated as plaint in a cross-suit under said Sub-rule (2) of Rule 6 of Order VIII, CPC, the plea of set-off has to be raised specifically in written statement and the plaintiff is expected to file written statement thereto. Indisputably, neither the plea of set-off had been raised by the defendants in written statement nor have they paid court-fee thereon. Admissions made in para 17 of the written statement to averments made in para 17 of plaint cannot be treated as a claim for set-off made by the defendants as urged on their behalf. Having reached this conclusion, claim for the amounts allegedly incurred by the defendants on construction of a strong room and providing certain other facilities exclusively meant for banking purposes as also the rent w.e.f. 1st January, 1976 onwards need not be examined in this case. Decisions in Andhra Paper Mills Co. Ltd. and Cofex Exports Ltd. (supra), which deal with the provisions of Rule 6, Order VIII, CPC, have no applicability to the facts of this case.
Delhi High Court Cites 12 - Cited by 5 - K S Gupta - Full Document

Srinivasa Naicker And Anr. vs A.N. Nagappa Chettiar on 21 December, 1970

In Andhra Paper Mills Co. Ltd. v. Anand Bros., [1951] 21 Comp. Cas. 160, 168; [1951] 1 M.L.J. 340 (Mad.) a Division Bench of this court had occasion to consider whether leave of the company court under Section 171 has to be obtained by a defendant for setting up a cross-claim or set off in a suit filed by a company in liquidation, and Rajamannar C.J. had expressed as follows :
Madras High Court Cites 21 - Cited by 1 - Full Document
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