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    <title>1939 (10) TMI 8 - NAGPUR HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=197535</link>
    <description>A legal set-off must be pleaded in the written statement as an ascertained sum of money legally recoverable from the plaintiff, and court-fee is payable on the full amount claimed. A claim for commission based on reduction of losses was uncertain and required accounts, so it could not qualify as set-off; the separate claim for an ascertained amount was also not properly framed for legal set-off. Even if treated as an equitable set-off, the court could refuse it where the claim required a prolonged enquiry. The plea was therefore not maintainable in the suit, and the defendant was left to pursue a separate proceeding.</description>
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    <pubDate>Fri, 13 Oct 1939 00:00:00 +0530</pubDate>
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      <title>1939 (10) TMI 8 - NAGPUR HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=197535</link>
      <description>A legal set-off must be pleaded in the written statement as an ascertained sum of money legally recoverable from the plaintiff, and court-fee is payable on the full amount claimed. A claim for commission based on reduction of losses was uncertain and required accounts, so it could not qualify as set-off; the separate claim for an ascertained amount was also not properly framed for legal set-off. Even if treated as an equitable set-off, the court could refuse it where the claim required a prolonged enquiry. The plea was therefore not maintainable in the suit, and the defendant was left to pursue a separate proceeding.</description>
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      <pubDate>Fri, 13 Oct 1939 00:00:00 +0530</pubDate>
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