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
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
Distinction
Equitable set-off differs from legal set-off. The following
are the points of difference between the two:
(a) Legal set-off must ... same transaction.
(d) In a legal set-off, it is necessary that the amount
claimed as set-off must be legally recoverable and must
only a set-off mentioned in. Order 8 Rule 6 but it bars any and every set-off including an equitable set-off ... extent, the circumstances allowing an equitable set-off and a legal set-off overlap. Where an equitable set-off is claimed on the basis
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 cannot be said to affect the right to claim such a set-off wherever it vests in a party. Normally, an equitable set ... open to the lessee to set up by way of equitable set-off an unliquidated claim for damages which was barred at the date
considered as set off.
Though legal set off can be rejected on the ground of limitation, but equitable set off
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vide Order XX Rule 19(3) of CPC (equitable set off), there is no limitation
applicable , thus the Arbitral Tribunal could not have
setting out the details of the loss suffered by the respondent, the respondent in paragraph 4 claims that it is entitled to equitably set-off ... statement containing the particulars of the set-off sought. The effect of such, a claim of set-off is stated in Order 8, Rule
