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
set off' or 'equitable set off', which reads as
under: -
"Legal set-off and equitable set-off ... Distinction
Equitable set-off differs from legal set-off. The
following are the points of difference between
the two :
(a) Legal set-off must
payable on pleas of set-off and counterclaim. A set-off may be legal or equitable. In a legal set off it is not necessary ... set off, the relevant time for considering whether the claim of the defendant put forth as set off. legal or even equitable, is barred
binding on the defendants. The defendants claimed an equitable set off for the aforesaid amount of Rs. 451/12/6 taut ... file the suit. The defendants were not held entitled to any equitable set off and the plaintiffs' suit was Dismissed mainly on two grounds
awarded as compensation to the claimants of the present case and setting off the increase in value of land arising from the time gap against ... cost of living or commerce and cannot be fairly arid equitably set off against the prescription of statutory benefits. It is a known fact that
that the time barred debt may be claimed by way of equitable set-off. See in this connection Ram, Dhari Singh v. Parmanund Singh
have considered it inadvisable to refer to some cases dealing with equitable set-off because such a set-off seems to be founded
Kulwant Kumar Kalsan vs State Of Haryana And Ors on 1 April, 2015
Author: Rajiv
Code. A set-off which is covered within the ambit of R. 6 ibid was known as legal set-off while the one which ... fall within its ambit was styled as equitable setoff which it was within the discretion of the Court trying the suit to entertain. The amendment
argument that mere inadequacy of price cannot constitute the basis for setting aside the confirmed sale has been specifically rejected. Mr. Bhandari has drawn ... argued that whatever equitable rights might have arisen in favour of the auction purchaser have been off set by the interest of PUNWIRE, its secured
