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Test: Difference Between Set-Off and Counter Claim in CPC - Judiciary Exams MCQ


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20 Questions MCQ Test Criminal Law for Judiciary Exams - Test: Difference Between Set-Off and Counter Claim in CPC

Test: Difference Between Set-Off and Counter Claim in CPC for Judiciary Exams 2024 is part of Criminal Law for Judiciary Exams preparation. The Test: Difference Between Set-Off and Counter Claim in CPC questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Difference Between Set-Off and Counter Claim in CPC MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Difference Between Set-Off and Counter Claim in CPC below.
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Test: Difference Between Set-Off and Counter Claim in CPC - Question 1
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What does set-off in the Civil Procedure Code allow a defendant to do?

Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 1
Set-off in the Civil Procedure Code enables a defendant to offset the plaintiff's claim by asserting a related or ascertained sum claim. This provision allows for fairness in legal proceedings by permitting defendants to reduce the amount they owe by asserting legitimate counterclaims. It is a crucial mechanism for ensuring equitable outcomes in civil disputes.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 2
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How does a counter-claim differ from a set-off in the context of the Civil Procedure Code?

Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 2
In the Civil Procedure Code, a counter-claim differs from a set-off in that a counter-claim is a distinct claim initiated by the defendant against the plaintiff, irrespective of the plaintiff's claim. Conversely, a set-off allows the defendant to counterbalance the plaintiff's claim with a related or ascertained sum claim. This distinction is vital as it permits defendants to assert their rights independently, even if their counter-claim arises from a separate transaction or incident.
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Test: Difference Between Set-Off and Counter Claim in CPC - Question 3
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What is the primary function of set-off in legal contexts?

Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 3
The primary function of set-off in legal contexts is to eliminate or reduce mutual debts between parties. It serves as a mechanism that allows parties to offset their obligations by balancing their debts through reciprocal credits. This legal right enables parties to clear each other's obligations by mutual cancellation, ultimately helping in resolving financial disputes more efficiently.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 4
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In the context of set-off, when does the concept typically arise?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 4
The concept of set-off typically arises when one party makes a claim against another, leading to the offsetting of part of the original claim. This situation allows for the mutual cancellation of debts between the parties involved, facilitating a more balanced resolution of financial obligations.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 5
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What are the specific conditions that must be met for a defendant to claim a set-off in a lawsuit?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 5
For a defendant to claim a set-off in a lawsuit, the sum being claimed must be clear and determinable. This means that the amount should be specific and not vague or indeterminable. Clear and determinable sums ensure that both parties involved understand the exact amount being referred to, preventing confusion or misinterpretation in legal proceedings.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 6
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In the context of legal precedents on set-off, what did the Andhra High Court clarify in the case of B. Seshaiah v. B. Veerabhadrayya?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 6
The Andhra High Court clarified in the case of B. Seshaiah v. B. Veerabhadrayya that set-off extinguishes debts between individuals who are both debtors and creditors to each other. This legal principle ensures that in cases where two individuals owe each other money, those debts can be offset against each other, ultimately leading to the cancellation of the debts to the extent that they offset each other.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 7
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What should be a crucial consideration regarding the amount being claimed in a legal action for it to be readily quantifiable and clear?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 7
The amount being claimed in a legal action must be explicit and easily quantifiable to ensure clarity and transparency in the legal process. This criterion helps all involved parties understand the stakes involved and facilitates a fair and efficient resolution of the dispute.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 8
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In a legal context, what is a fundamental requirement for the money sought by the defendant to be considered recoverable according to the law?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 8
For the money sought by the defendant to be considered recoverable according to the law, it must align with legal principles and regulations governing the specific jurisdiction. This ensures that the defendant's claim is legitimate and can be legally enforced, promoting fairness and adherence to legal standards in the resolution of disputes.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 9
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What is the effect of a defendant asserting a set-off in a legal proceeding?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 9
When a defendant asserts a set-off in a legal proceeding, it leads to two simultaneous lawsuits: one initiated by the original plaintiff against the defendant and another by the defendant against the plaintiff. This process allows both parties to present their claims and defenses in a single consolidated proceeding, ensuring fairness and efficiency in resolving the legal dispute.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 10
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In the context of Civil Procedure Code (CPC), when can a defendant present a counter-claim against the plaintiff?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 10
In the Civil Procedure Code (CPC), a defendant can present a counter-claim against the plaintiff before the specified time for submitting the defendant's defense lapses. This allows the defendant to assert any right or claim they have against the plaintiff as a response to the plaintiff's claims. By presenting a counter-claim within the specified timeframe, the defendant can address and contest the relief sought by the plaintiff, ensuring a comprehensive legal process.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 11
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What options does a defendant have to present a counter-claim in a civil suit according to the Supreme Court's ruling in the case of Ramesh Chand v. Anil Panjwani?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 11
As per the Supreme Court's ruling in the case of Ramesh Chand v. Anil Panjwani, a defendant in a civil suit can present a counter-claim in three ways: in the initial written statement under Order 8 Rule 1, by amending the written statement with court permission to include a counter-claim, or in a subsequent pleading under Order 8 Rule 9. This ruling provides defendants with multiple options to assert their own claims against the plaintiff, ensuring a fair and comprehensive legal process.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 12
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In a civil suit, what does Rule 6-A in the CPC allow the defendant to do against the plaintiff?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 12
Rule 6-A in the CPC allows the defendant in a civil suit to raise a counter-claim against the plaintiff, asserting any right or claim they have against the plaintiff. This counter-claim is distinct from the plaintiff's claim and gives the defendant the opportunity to present their own claim in response.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 13
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How can a defendant present a counter-claim in a civil suit, according to the case of Ramesh Chand v. Anil Panjwani?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 13
In the case of Ramesh Chand v. Anil Panjwani, a defendant can present a counter-claim in a civil suit by amending the written statement with court permission to include the counter-claim. This allows the defendant to assert their own claim against the plaintiff within the ongoing lawsuit, providing a legal avenue for addressing their grievances.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 14
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What implications does a counter-claim hold if the plaintiff's lawsuit is halted, terminated, dismissed, or retracted?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 14
A counter-claim holds significant implications even if the plaintiff's lawsuit is halted, terminated, dismissed, or retracted. It will be evaluated independently based on its merits, ensuring that justice is served irrespective of the status of the plaintiff's lawsuit.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 15
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What is a crucial time constraint to consider when filing a counter-claim as outlined in the scenario?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 15
In the context of filing a counter-claim, it is essential to lodge the counter-claim before the expiration of the time limit set for the delivery of the defendant's defense. This timeframe ensures the timely submission of legal responses and maintains the procedural integrity of the case.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 16
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According to Rule 6-G, how is a response to a counter-claim regarded?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 16
Rule 6-G specifies that a response to a counter-claim is regarded as a written statement and is governed by the rules applicable to written statements. This ensures that proper legal procedures are followed in addressing the counter-claim raised by the defendant.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 17
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What distinguishes a set-off from a counter-claim in a legal context?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 17
In a legal context, the key distinction between a set-off and a counter-claim lies in their basis. A set-off must be based on a known sum or stem from the same transaction as the plaintiff's claim, ensuring a direct relationship between the claims. On the other hand, a counter-claim does not necessarily have to be related to the same transaction, allowing the defendant to bring forward a separate claim against the plaintiff.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 18
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What legal provision governs the establishment and judgment of a set-off or counter-claim in court proceedings?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 18
In court proceedings, the establishment and judgment of a set-off or counter-claim are governed by Rule 6-F of Order 6. This rule outlines the conditions under which a set-off or counter-claim can be established as a defense, emphasizing that if a balance is in favor of the defendant, the court may grant judgment to that party. It is crucial to adhere to these rules to ensure a fair and just legal process.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 19
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What distinguishes set-off from a counter-claim within the Code of Civil Procedure?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 19
In civil suits, set-off functions as a statutory defence utilized by the defendant to offset the plaintiff's claim by asserting their own claim for a related or ascertained sum. On the other hand, a counter-claim goes beyond defense, allowing the defendant to initiate a substantial cross-action against the plaintiff, even if unrelated to the original transaction. This distinction highlights that set-off acts defensively for the defendant while a counter-claim is an offensive action, asserting an independent claim against the plaintiff.
Test: Difference Between Set-Off and Counter Claim in CPC - Question 20
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When can a defendant introduce a counter-claim according to the Code of Civil Procedure?
Detailed Solution for Test: Difference Between Set-Off and Counter Claim in CPC - Question 20
According to the provisions outlined in the Code of Civil Procedure, a defendant has the flexibility to introduce a counter-claim at various stages of the legal proceedings. This can be done in the written statement filed in response to the plaintiff's claim, through an amendment with the court's permission during the trial, or even in a subsequent pleading. Such flexibility empowers the defendant to assert their own claim distinct from the plaintiff's, enhancing the dynamics of civil suits.
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