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In law, set-off or netting is a legal technique applied between persons or businesses with mutual rights and liabilities, replacing gross positions with net positions. [1] [2] It permits the rights to be used to discharge the liabilities where cross claims exist between a plaintiff and a respondent, the result being that the gross claims of mutual debt produce a single net claim. [3]
The rules provide that a party may file a counterclaim against the plaintiff. A counterclaim is often called a claim in reconvention. The same rules apply as those in the claim in convention. [80] The plea and counterclaim are set out in the same document or in two separate documents, filed and served at the same time.
Plaint checking under Indian law (or pleadings include Counter Claim also) by the Sheristadar Court is essentially a formal pre-admission scrutiny of the pleadings filed in law courts of India. The process is aimed at filtering out non-jurisdictional cases and getting other formal defects such as computation of Court fees and stamping of ...
A defendant may also file a cross-complaint against another defendant named by the plaintiff and may also file a third-party complaint bring other parties into a case by the process of impleader. A defendant may file a counter-claim to raise a cause of action to defend, reduce or set off the claim of the plaintiff.
Decree in suit for account between principal and agent. 17 Special directions as to accounts. 18 Decree in suit for partition of property or separate possession of a share therein. 19 Decree when set-off or counter-claim is allowed. Appeal from decree relating to set-off or counter-claim. 20 Certified copies of judgment and decree to be furnished.
Most countries make a clear distinction between civil and criminal procedure. For example, a criminal court may force a convicted defendant to pay a fine as punishment for their crime, and the legal costs of both the prosecution and defence. But the victim of the crime generally pursues their claim for compensation in a civil, not a criminal ...
A denied car insurance claim doesn’t necessarily mean the end of the claims process. If you do not agree with your insurer’s claim denial, you have the right to appeal the insurance company ...
In a court of law, a party's claim is a counterclaim if one party asserts claims in response to the claims of another. In other words, if a plaintiff initiates a lawsuit and a defendant responds to the lawsuit with claims of their own against the plaintiff, the defendant's claims are "counterclaims." Examples of counterclaims include: