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Showing posts from November, 2023

What is the difference between set-off and counter-claim?

  What is the difference between set-off and counter-claim?   The difference between set-off and counter-claim lies in their nature and purpose in legal proceedings: O 8 R 6 of CPC provides for set off: Set-off: Set-off refers to the adjustment or cancellation of mutual debts or claims between parties involved in a legal dispute. It allows a defendant to reduce or eliminate their liability by setting off a claim they have against the plaintiff. In other words, it is a defense mechanism used by the defendant to counterbalance the plaintiff's claim by asserting their own claim against the plaintiff.  The purpose of set-off is to achieve a fair and equitable resolution of the dispute by considering the mutual claims between the parties. O 8 R 6-A of CPC provides for counter claim: Counter-claim : A counter-claim is a separate claim made by the defendant against the plaintiff in response to the plaintiff's original claim.Defendant can make counter claim regarding any right or clai

Transfer of Property Act - Important Doctrines

Transfer of Property Act -  Important Doctrines 1. Nemo det quod no habet – No person can give better title than he himself possess – Section 7   2. Doctrine of rule against Perpetuity – Section 14   3. Doctrine of Accumulation – section 17   4. Doctrine of Cypress – section 18, 26   5. Doctrine of Transfer – Sec 25   6. Condition Precedent – Section 26   7. Condition subsequent – Section 28 R/w 29   8. Doctrine of acceleration – Section 27   9. Doctrine of Election – Section 35   10. Doctrine of holding out or transfer by ostensible owner   11. Feeding grant by estoppels – section 43   12. Doctrine of lis pendens – section 52   13. Doctrine of fraudulent transfer – section 53   14. Doctrine of part performance – 53A   15. Doctrine of Marshaling             - by subsequent purchaser – section 56             - by subsequent mortgagee – section 81   16. Once mortgagee always mortgagee – section 60   17. Rule of Contribut