Showing : 31-40 of 125 Results

PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Interest Act, 1978, Section 3, Sale of Goods Act, 1930, Section 61-- Interest - No stipulation in agreement as regards payment of interest - Interest cannot be granted under Interest Act, 1978 when notice is not served upon defendant calling him to pay interest on the principal amount - However, interest can be granted by virtue of S.61 of Sale of Goods Act, 1930 -..........
JHARKHAND HIGH COURT
Year of decision: 2010
Details
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(2), 17-- Recovery of debt - Proceedings initiated against guarantor - Account of Principal borrower with the bank declared as non performing asset and accordingly demand notice issued u/s 13(2) of the Act - Held, liability of the principal borrower and the guarantor are co-extensive - Bank is justified in..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 14, 17, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, 14-- Recovery of debts by bank - Proceedings against surety and guarantors - Held, liability of guarantor and principal debtor is co-extensive and not in alternative - Bank has the right to proceed against either for recovery of dues - Bank cannot be compelled to defer its remedy against the sureties..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Interest Act, 1978, Section 3(3)(c)-- Interest on interest - Plaintiff entitled to interest at 18% throughout i.e. from the date of contract till realization - Suit filed for principal amount plus interest thereon - Held, rate of interest of 18% is to be calculated on the principal amount and not on the suit amount...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 1-- Execution - Rule of appropriation - In absence of directions in the decree, D.H. is entitled to apply to the rule of appropriation by appropriating the amount first towards interest, then towards cost and then towards principal amount due under the decree - On such appropriation, if the part..........
MADHYA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11-- Pendente lite interest - Entire principal amount paid during the pendency of the suit - The issue of pendente lite interest is to be governed by the peculiar facts and circumstances of the case - Court would be justified in exercising its discretion to award pendente lite interest, at a rate found..........
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Year of decision: 2010
Details
Housing-- Flat allotment - MIG flat - Delayed possession - Compensation - Total cost of flat Rs.80,288/ - Total of Rs. 30,419/ - paid and agreement entered into to pay the remaining amount of Rs. 48,869/ - with interest @ 19.5% p.a. over a period of 13 years with quarterly premium/instalment @ Rs. 2,654 per..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Contempt of Courts Act, 1971, Section 14, Civil Procedure Code, 1908, Order 21, Rule 2-- After passing of the decree asking D.H. to accept the principal amount and waive the interest awarded thereon - It is open to the parties to enter into a contract or compromise with reference to their rights under the decree - The right of the judgment debtor to make an attempt to adjust the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 21, Rule 2, Contempt of Courts Act, 1971, Section 14-- After passing of the decree J.D. writing a letter to D.H. to accept the principal amount and waive the interest awarded thereon - It is an attempt to persuade the D.H. to forego claim relating to interest - An agreement, which extinguishes the decree as such in whole or in part and results in the..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Arbitration and Conciliation Act, 1996, Section 31(7)-- Interest - To be awarded in accordance with the contract - In the absence of any prohibition in the contract and in the absence of specific provision relating to interest in the contract, to award simple interest at such rates as it deems fit from the date on which the cause of action arose till..........

Showing : 31-40 of 125 Results