Gunjan Sinha Jain vs Registrar General,High Court Of Delhi on 9 April, 2012
Author
set-off--Suit by patnidar against zemindar
for possession of land with mesne profits--Decree in favour
of patnidar-Claim by zemindar to set off ... another set of objections was filed by
the zamindar claiming deduction out of mesne profits by way
of equitable set-off of the payments made
would not deter the Court from granting an equitable set off like legal set off would not be permitted if the claim separately enforced would ... that behalf. Thus the agreement was to set off the cross decree and not to set off a specified amount. Merely because at that time
defendant pleaded that he had sustained damage and sought to set off. The set off was disallowed by the Courts below, as sounding in damages ... respect of faslis 1318 and 1319. The defendant set up, by way of equitable set-off, claim for damages for disturbance of his possession
defendant pleaded that he had sustained damage and sought to set off. The set off was disallowed by the Courts below, as sounding in damages ... respect of faslis 1318 and 1319. The defendant set up, by way of equitable set off, claim for damages for disturbance of his possession
legal set off or an equitable set off. A set off includes legal set off, and equitable set off. When it is not stated ... statement containing a claim of set-off must be regarded as a plaint in regard to such set-off, and must be stamped accordingly
restricted to equitable set-off which is beyond the scope of
legal set-off. It is urged by him that equitable set-off ... set off or adjusted. Apart from the rule enacted in Rule
6 abovesaid, there exists a right to set-off, called equitable,
independently
set-off. The word 'set off' in Article 1 Schedule 1 includes not only a legal set-off but also an equitable set ... deals with one kind of set-off called a legal 'set-off'. A right to set-off, even independently of the provisions
more controversial. The claim is founded in the doctrine of equitable set off, but we do not find evidence before us to bring the case ... what is the difference between the legal set off and equitable set off, we may profitably refer to paras 24 and 25 of the Full
equitable set off which the petitioner was entitled to seek and such
right was different than the right of legal set off provided in Order ... premise that the petitioner had actually set
off their claim and subsequently admitted not having actually set off,
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