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
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
ascribed to the term ‘set-off’,
namely, (a) statutory or legal set-off; (b) common law set-off; (c)
equitable set-off; (d) contractual set ... right to set-off in the absence of contractual right to set-off depends
on the statute of set-off and equitable set-off. Further
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
allow set off--When is a claim rounded on
doctrine of equitable set off.
HEADNOTE:
The appellant-contractor entered into two agreements
with the respondent ... State Government is not entitled to a set off at
all because, he says, a set off can be claimed only under
Order 21 Rule
meanings were ascribed to set-off viz., (a) statutory
or legal set-off; (b) common law set-off; (c) equitable set-off;
Page ... contractual set-off; and (e) insolvency set-off, of which,
common law and equitable set-off were found to have
always flown together. Looking
Code of Civil Procedare
and also what is called an equitable set off. Plainly, the
present counter-claim is not either of these. I would ... England, 3rd ed. vol. XXXIV p. 410. In
England apparently no equitable right to such a counter-
claim is recognised. The reason perhaps is that
set off
and the set off made was authorised and legal and that there
is no reason to interfere with the set off ... appellant that it was
entitled to a legal or equitable set off of the sum of Rs.50
crores and more importantly held that
sought to be set-off."
What the rule deals with is legal set-off. The claim sought to be
set-off must ... set-off or adjusted. Apart from the rule enacted in Rule 6
abovesaid there exists a right to set-off, called equitable,
independently
same question of compensation
in the companion suits in which no equitable set-off was
claimed.
JUDGMENT:
CIVIL APPELLATE JURISDICTION: Civil Appeals ... account of defective work
by way of an equitable set off in the claim made by the
respondent in suits
