Showing : 1-10 of 118 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Consumer Protection Act, 1986, Section 23-- Deficiency in service - Equity linked insurance plan - LIC held on the moneys wrongfully for five years - Omission to refund deprived appellant the use of his money - Mere direction for payment of interest at 12% per annum on the principal amount will not provide sufficient address - An additional..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 34-- Interest - Settlement agreement - Default in payment of outstanding amount under settlement - Outstanding amount was paid by respondents during pendency of appeal - Parties requested to terminate the proceedings in this appeal itself - There is thus, no legal impediment in deciding issue of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Decree for payment of amount - Adjustment of amount deposited by judgment-debtors - Amount is to be adjusted first towards costs, then towards interest and thereafter if anything is left, towards principal amount - In the instant case, Executing Court has deviated from the said..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 34-- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go..........
KERALA HIGH COURT
Year of decision: 2017
Details
Indian Contract Act, 1872, Section 59, 60-- Appropriation of payments - Award of Motor Accidents Claims Tribunal - Even in the absence of O.21.R.1 CPC, when amounts are paid into Court under an award, Court would have no other option but to adjust it first against the interest and then against principal, unless person making such payment..........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 34-- Interest - Exceeding principal sum even on the date of suit and becoming disproportionately high during long pendency of suit/appeal suit, rates of interest can be scaled down in exercise of discretionary jurisdiction...........
KERALA HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3)(a)(i)-- Interest - Loan agreement - Stipulation as to interest on periodical rests and their capitalization being incorporated in contract is legitimate and prevalent in banking practice, but that does not affect the jurisdiction of Court to award a lesser rate of interest when it is found that component..........
GUJARAT HIGH COURT
Year of decision: 2016
Details
Power of Attorney Act, 1882, Section 1A, 2-- Power of Attorney - By more than one principal - Death of one or some of them - No distinct interest of the deceased - Power of Attorney would terminate qua the deceased principal only...........
DELHI HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 37, Rule 3(5)-- Summary suit - Recovery of unsecured loan - Plaintiff filed suit on the basis of promissory notes as well as dishonoured cheques admittedly issued by defendant - Defence set up by defendant stands rejected - Admittedly defendant had received an amount of Rs.2.2 crores from plaintiff and failed to..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 139, 118-- Dishonour of cheque - Presumption - Complaint by power of attorney holder - To draw presumption u/s 118 r/w S.139 of the N.I. Act, burden is heavily upon power of attorney holder to show that payee had required funds for advancing the amount to the accused and he issued the cheque in support of..........

Showing : 1-10 of 118 Results