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
which is being put forward by him, amounts to one of equitable set off not governed by the provisions of Order VIII, Rule ... set off, the legal set off, which is allowed under Order VIII, Rule 6 of the Code of Civil Procedure , and equitable set off, which
been filed. Now learned Counsel argued that this pleading was an equitable set-off. He referred to Ram Das v. Dwarka ... set-off. Now in the present case learned Counsel has failed to show why the claim of set-off is not the kind of set
sold at a loss. They are entitled to claim an equitable set off in respect of such loss. The plea of set off
legal set-off under Order 8, Rule 6. It is pointed out that no court-fee was paid and therefore no legal set-off should ... set-off there is no reason why the Court should not have allowed it without payment of a court-fee. A legal set off requires
partition of the property. They are based on the question of equitable set off, hence the aforesaid rulings are inapplicable to the facts and circumstances
order allowing the set-off, and it is contended that the claim for damages is not one which can be set-off under Section ... intended to take away any right of set-off, whether legal or equitable, which parties would have had independently of its previsions, and that
realized one of such debts, it seems to us only just and equitable that the defendant should be allowed credit for the amount so realized ... been held in this Court in several cases that an equitable set-off can be claimed even independently of the specific provisions of the Code
revision that the court below ought to have allowed a set-off of the damages claimed. I am of opinion that this contention cannot prevail ... refer to them. The present case is not a case of equitable set-off nor is it a case of damages arising
position to make such order as is just and equitable, and to provide that the plaintiff recovers the land with mesne profits from the date ... circumstances, I think, it will be just and equitable to set off the interest against the profits. For the reasons given above I would allow
