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Surcharge And Falsify

Legal definition for Indian law research

Definition

Surcharge and falsify, a mode of taking accounts in Chancery, where the court treats the account as a stated account but gives liberty to challenge any particular items. 'I am not now upon a question arising on an open general account, but barely upon a liberty given to the plaintiff to surcharge and falsify. The onus probandi is always on the party having that liberty; for the court takes it as a stated account, and establishes it; but if any of the parties can shew an omission, for which credit ought to be [given], that is a surcharge; or if anything is inserted, that is a wrong charge, he is at liberty to show it, and that is falsification': Pit v. Cholmondeley, (1754) 2 Vs Sen 565, per Lord Hardwicke, L.C. See R.S.C. Ord. XXXIII., r. 5.

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