set off or
as a cross claim. He was at pains to point out the difference
between a legal set off as provided under Order ... set off. He
submitted that a right to set off dealt with by Order 8 Rule 6 of the
CPC is a legal set off
instituted by the company, is in the nature
of an 'equitable set off' to the dues payable by the company to the
petitioning ... such suit, the same ought to
be regarded as an "equitable set off" or at least in the nature of an
"equitable
considered the principle of 'Statutory set
off' and 'equitable set off' vis-a-vis Order 8 Rule ... this Court ruled that a
plea in the nature of equitable set-off is not available
when the cross-demands do not arise
dispute that in law bankers had a right of lien, set off or adjustment of accounts. He submitted that these rights are well recognised legal ... claims on the basis of banker's rights of lien, set off or adjustment. In my view, by this Act the Legislature, therefore, sought
Kalpana Pal vs State Of West Bengal & Ors on 13 August, 2010
Author: Dipankar
period of detention
undergone by the accused' should be 'set off against the
sentence of imprisonment' imposed upon him. There ... Graver the crime , longer the sentences ,
greater the need for set-offs and remissions. Punishments
are no longer retributory. They are reformative. [752F]
Kartar Singh
question
whether persons sentenced to imprisonment for life are
entitled to set off their under-trial period of detention
against their sentence under ... other
than life- convicts are entitled to the benefit of the set
off under sec. 428 , there is no reason why life convicts
should
locus
standi" has been completely washed off by
this section, as any person can set the law
into motion, in case any cognizable offence ... seeks equity should do equity. In other words
the persons, who seeks equitable reliefs,
should come before the court with clean
hands. The accused
them prior to the conviction as under-trial prisoners must be set off against the sentence of life imprisonment imposed upon them.
15. The Supreme ... detention undergone as an under-trial prisoner is set off after conviction and sentence of imprisonment, under the Furlough Rules also during the period
term not exceeding fourteen years
or to fine. The question of setting off the period of
detention undergone by an accused as an undertrial
prisoner ... longer
the sentence and, longer the sentence, grater the need
for set-offs and remissions. Punishments are no
longer retributory. They are reformative
