Supreme Court of India
Jitendra Kumar Khan and Others v. The Peerless General Finance and Investment Company Limited and Others
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
In view of the aforesaid submissions we are required E to restrict our deliberations to the controversy whether the claim of equitable set-off, as put forth, is tenable or not.
Judgment, page 8
From the headnote
Code of Civil Procedure, 1908: 0. 6, r. 17 - Written statement - Amendment - Equitable set-off - Suit for declaration as regards plaintiffs' entitlement c to certain amounts - Defendants seeking amendment of written statement after more than 3 years of its filing and seeking to grant of a decree for a certain amount - Held: Division Bench of High Court has rightly allowed the amendment on the basis that the claim put forth could be treated as a plea in the nature of equitable set-off, for it has treated the stand taken in the amendment petition to be a demand so connected in the nature and…
Authorities it was built on
- 1967 State of Gujarat v. Jaswantlal Nathalal
- 1969 Jai Jai Ram Manohar Lal v. National Building Material Supply, Gurgaon
- 2004 Union of India v. Karam Chand Thapar and Brs. (coal Sales) Ltd. and Ors.
- 1952 Raja Bhupendra Narain Singha Bahadur v. Maharaj Bahadur Singh and Others
- 1997 State of Haryana and Ors. v. Shri Om Prakash Bhasin (d) by L.rs. and Ors.
- 1986 Lakshmichand & Balchand v. State of Andhra Pradesh
- 1969 Vallabhai Nathabhai v. Bai Jivi & Ors.
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