AI Overview...
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Multiple Reliefs in Recovery of Suit Total and Balance Amounts - Courts generally allow claiming both the total amount due and the balance amount separately in recovery suits, provided the reliefs are clearly specified and justified based on the facts of each case THE MANAGING DIRECTOR, KERALA WATER AUTH Vs N.K.MOHAMMED - Kerala, Sohanlal VS Gulabchand - Rajasthan.
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Claiming Total and Balance Amounts - Plaintiffs can seek recovery of the entire outstanding amount as well as specific balances, especially when the amounts are distinct and supported by contractual or account statements STATE OF GUJARAT VS STATE BANK OF SAURASHTRA - Gujarat, Sohanlal VS Gulabchand - Rajasthan.
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Court Fee and Suit Structure - When multiple loans or accounts are involved, suits may be clubbed, but court fees are payable on the total amount due. Separate causes of action related to different contracts or loans justify separate reliefs but do not preclude claiming both total and balance amounts in the same suit STATE OF GUJARAT VS STATE BANK OF SAURASHTRA - Gujarat.
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Specific Relief and Justification - Reliefs for recovery of amounts can include total due, unpaid balances, or amounts withheld, depending on the nature of the breach, contractual obligations, or account statements. Courts examine whether the relief sought is supported by evidence and whether the amounts are properly justified THE MANAGING DIRECTOR, KERALA WATER AUTH Vs N.K.MOHAMMED - Kerala, New Okhla Industrial Development Authority VS Marwan Hotels Pvt. Ltd. - Current Civil Cases.
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Additional Considerations - In some cases, courts consider whether amounts are secured, whether payments were made, and whether the suit involves multifarious causes, which can influence the scope of relief granted. Proper framing of reliefs and clear computation are essential A.K.CHACKO vs K.GEORGE DOMINIC - Kerala, Sree Varaha Devaswom VS Rukkia Bai - Kerala.
Analysis and Conclusion:
Yes, you can ask for both the total amount and the balance amount in a recovery suit. It is common and permissible to claim the full amount due along with the specific balance, provided the reliefs are well-supported by the contract, account statements, or other evidence. Courts typically allow such reliefs, especially when they are clearly delineated and justified, but the suit must be properly structured, and court fees should reflect the total amount claimed.
Search Results for "Can i Asked Two Relief in Recovery of Suit Total Amount and Balance Amount"
2018 Supreme(Online)(KER) 30439 • India - High Court of Kerala
A.M.SHAFFIQUE, P.SOMARAJAN, JJ
and what relief should be granted. ... Recovery - Contractual Obligation - None Fact of the Case: The plaintiff sought recovery of amounts due for completed ... Despite claims and submissions, payments were withheld by the defendants, leading to the filing of the suit for recovery. ... OS No.96/2001 was filed by the respondent/plaintiff seeking for recovery of an amount of `38,49,923/- being the amount payable to him for the works ....
2005 3 Supreme 508 • India - Supreme Court
S.B.SINHA, H.K.SEMA
He proceeded on the basis that he was not required to pay any amount. ... on the premise that the provisions of the Maharashtra Debt Relief Act were attracted. ... sale in favour of first appellant to repay loan amount—First appellant agreed to reconvey the said property in favour of first respondent ... In fact the suit for recovery of the amount was decreed by the trial court on 24.7.1985 but he himself preferred a revision against the decree wherein an order of rejection of the plai....
1992 0 Supreme(Mad) 274 • India - Madras
ARUMUGHAM
amount, reflected in the suit. ... Fact of the Case: Plaintiff filed a suit for recovery of a sum of Rs. 1, 77, 033.35 with interest at 24% per annum ... was not paid by the defendants, after issuing notice on 16th January, 1991 the present suit has been filed for the recovery of the ... was not paid by the defendants, after issuing notice on 16th January, 1991 the present suit has been filed for the recovery of the amount, reflec....
1972 0 Supreme(HP) 52 • India - Himachal Pradesh
R.S.PATHAK, CHET RAM THAKUR
The plaintiff filed a suit for recovery of the aforesaid amount. ... by them as parking fee during the year 1958-59 and for a decree for the total amount thus received. ... Issue No. 2 was split up into two parts: (a) whether the defendants are liable or not, and (b) for how much amount. ... He estimated such balance at Rs. 500 but the frame of his relief showed that he not only asked for Rs. 500 but for any #HL_ST....
2013 Supreme(Online)(KER) 16683 • India - High Court of Kerala
T.R.RAMACHANDRAN NAIR, A.V.RAMAKRISHNA PILLAI, JJ
Transfer - Recovery of Possession - Transfer of Property Act - Sections 53A, 55; Specific Relief Act - Sections 12(3), 26 - The ... Defendant paid part of the sale amount, but failed to complete the sale by the agreed date, claiming readiness to perform both prior ... Fact of the Case: The plaintiffs filed a suit to recover possession of property from the defendant who entered into ... There is no evidence to show that after paying the above amounts, any amount was ....
1994 0 Supreme(Guj) 160 • India - Gujarat
B.C.PATEL
suit all three loans clubbed - Court fee calculated on different loan amount - Held, cause of action arises out of different contracts ... Fees Act, 1957 - Sec. 18 - Multifarious Suits - Computation of court fee - Three separate and district loans advanced by Bank - In recovery ... Anand, the relief asked for is total amount due, and therefore, the Court fees are payable on the total amount. ... The subjectmatter of the su....
1993 0 Supreme(AP) 534 • India - Andhra Pradesh
A.GOPAL RAO
A-l was not intended to be a mere security for ensuring the recovery of amounts due under the two promissory notes, Exs. ... Plaintiff shall deposit in the lower,court the balance of the amount of agreed consideration under Ex. ... The suit property consists of two shops with open space the total area being 150 square yards. ... A-l was not intended to be a mere security for ensuring the recovery of amounts due und....
• India - Current Civil Cases
SUDHIR AGARWAL, BRIJESH KUMAR SRIVASTAVA II
of allotment letter – Cannot be a relevant circumstance to justify non-paynment of balance amount. ... and requiring plaintiff to deposit balance amount – Plaintiff making some complaint about encroachment by slum dwellers after receipt ... consequential relief. ... The defendant, however, informed plaintiff that either it should pay balance amount alongwith interest else 25% amount already deposited shall be forfeited and recovery ....
1950 0 Supreme(Ker) 51 • India - Kerala
KUNHI RAMAN, SANKARAN
Fact of the Case: The Devaswom sought recovery of the mortgage amount and arrears of pattom due to it from the plaint ... Mortgage - Redemption of Properties - Cochin Agriculturists' Relief Act - S. 8, S. 9 - Ext. IV, Ext. ... The plaintiffs sought redemption of the mortgage and recovery of possession of the properties with mesne profits. ... Under the provisions of the Agriculturists' Relief Act, this balance also has to be treated as interest on the mortgage amount#HL_END....
1965 0 Supreme(Raj) 94 • India - Rajasthan
JAGAT NARAYAN
parties, and even though there are other unsettled accounts — No distinction whether balance only is proved or whether account only ... (b) Account stated—Whether can be basis of suit — Account sent by agent to principal can be basis of suit, even though unsigned by ... It was farther asserted that out of the amount of Rs. 9266-4-6 two items of Rs. 377-2-6 and Rs. 346-14-6 were due on account of wagering transactions and were not recoverable. The suit was brought for the reco....
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