LEX ASPIRANTS

    Set off means a claim set up against another.     It is a cross-claim, where there are mutual debts between plaintiff and defendant. then one debt may be settled against another.     It is a plea in defense available to the defendant.     By adjustment set off either wipe out or reduces the claim of the plaintiff.     The doctrine of set-off may  be defined as " the extinction of debts of which 2 persons are reciprocally debtors to one another by the credits of which they are reciprocally creditors to one another" It is a "reciprocal acquittal of debts between two persons"     Setoff is of two types: 1) legal setoff (order 8 rule 6)                                       2) Equitable set off (order 20 rule 19 (3)).   Conditions of set-off (legal set-off)   1) The su...

                                                                 Recently All India Trinamool Congress won the election in West Bengal, but unfortunately, their leader Mamata Banerjee lost in Nandigram. even though she has lost the election she has sworn as the chief minister of the state. whether there any legal validity for her appointment. let's take a look Article 164 of the constitution - deal with the appointment of the chief minister and other ministers Article 164(4) states that if a person who is not a member of the legislature of the State becomes the Minister for 6 consecutive months he shall cease to be minister at the expiration of that period. Hence the person can become a minister without electing only for a period of 6 consecutive months. In the case  Har Sharan Verma vs Tribhuvan Narain Singh ...

 

      The term written statement has not been defined under the code.     It is the pleading of the defendant wherein he deals with every material fact alleged by the plaintiff in his plaint and also states new facts in his favor or object to the plaintiff's claim.      It can be filed by the defendant or his agent Jugeshwar Tiwari V. Sheopujan Tiwary - the court held that                    1)  If there are several defendants the common written statement can be filed. But it must be signed by all of them.                   2) Verification of the common written statement can be done by anyone who knows the facts of the case                   3) Written statement filed by one defendant is not binding on other defendants.     The defendant must submit a writ...

  Recently there was a discussion that happened before the bench of justices Maheshwari and Aniruddha bose, relating to section 97 of the criminal procedure code. The case has been filed under Article 32 by the petitioner (husband) contenting his wife has been wrongfully detained by her family because they are against their marriage. the bench asked the counsel why they are not approached the high court and the counsel replied  was due to covid situation high court is giving hearing dates after 3-4 month and the trial court is also not mostly functioning. the court asked why cannot take recourse to section 97 Cr. P.C. the court remarked that section 97 has become a dead letter in the code because of the short-cuts.  Our usual point of view is that if a person has been wrongfully confined or detained or missing the only way of remedy is to file a habeas corpus before apex court or high court. but there are other remedies that are more effective and speedy than moving with ...