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Union Of India Through General Manager ... vs Babulal Uttamchand Bhandari on 12 July, 1967

(8) Similarly the same principles are applied in India in Tata Locomative and Engineering Co. Ltd. v. Sardar Kartar Singh, ; Dipchand Golencha v. M. Abhechand and Co., ; and Lal Kapurchand Godha v. Himayatalikhan Azamhah, . In the last case, the Supreme Court on facts held that as the plaintiff had unconditionally accepted the smaller amount without informing the defendants that he would claim the balance, he was not entitled to sue for the balance.
Bombay High Court Cites 14 - Cited by 2 - Full Document

N.N.Global Mercantile Pvt. Ltd vs Karnataka Power Corporation Limited on 8 October, 2021

25. This decision clears all the doubts. Decision makes it very clear that if there is an acceptable claim, court cannot reject a claim on the ground that no­dues certificate is issued. It is also held that even after execution of full and final discharge voucher by one of the parties, if a party is able to establish that he is entitled to further amount, he is not barred from claiming such amount. In view of this decision, Ex.D.33 will not come in the way of deciding the entitlement of the plaintiff to the suit claim amount. Another decision of the Hon'ble Calcutta High Court reported in 1961 SCC Online Cal 120 (Dipchand Golencha v. M.Abhechand and company) is also relied by the plaintiff's counsel. But this deciscion is on different facts, wherein plaintiff had accepted money without prejudice to his claim. Hence, this decision do not help the plaintiff.
Bangalore District Court Cites 9 - Cited by 0 - Full Document
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