TagSet off

The Supreme Court on Equitable Set off and the Limitation Act

An important question that has troubled the Indian courts over the years is whether an equitable set off can be raised even when, if it had been raised as a principal claim, it would have been barred by limitation. For example: suppose X enters into a contract with Y which it alleges Y has breached, and for which it institutes an action seeking damages of Rs. 1 crore. Now if Y has an ascertained...

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