Supreme Court · 1986 INSC 224 · Decided 5 November 1986

Lakshmichand & Balchand v. State of Andhra Pradesh

Court
Supreme Court of India
Citation
1986 INSC 224 · [1987] 1 S.C.R. 108
Case number
CIVIL APPEAL No. 4083/1986
Decided
5 November 1986
Bench
R.S. PATHAK, G.L. OZA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Civil Procedure Code, 1908-0rder 21, Rule 18-Power of the Court to allow set off-When is a claim founded on doctrine of equit- y able set off. I c The appellant...:ontractor entered into two agreements with the -~ respondent State for carrying out certain road repairing works. Clause " _,,.. into account amounts received by him earlier, while clause 71 permitted the State to retain or deduct money due under the contract from an amount due to the contractor under any other D contract. While the work was in progress the contractor made certain claims in respect of loss suffered on

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