Civil Procedure Code, 1908, Section 34 -- Recovery of money - Suit for - Pendente lite interest - Grant of - No reason has been assigned by lower appellate Court for not awarding pendente lite and future interest on decretal amount - Legality - Held, ordinarily in case of money decree, pendente lite and future interest should be awarded unless there is any special..........
Uttar Pradesh Regulation of Money Lending Act, 1976, Section 18 -- Bar of suit - There is nothing in the Act, which bars a suit for recovery of money...........
Sales of Goods Act, 1930, Section 45, 55 -- Suit for price - Agreement to purchase computer system - Purchaser paying advance amount - Failure by purchaser to pay balance amount so as to enable seller to deliver computer - Purchaser offered to buy computer system at lower price on ground that price of computer had decreased - Seller would be "unpaid seller" in terms of..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery of money - Summary suit - Limitation - Under agreement dated 18th August, 2006, Defendant had agreed to pay the amount within 30 days from the date of said agreement - Period of 30 days expired on 17th September, 2006 - Suit was filed on 15th September, 2009 - Held, cause of action to file a suit would have commenced..........
Agreement to sell -- Suit for specific performance - Refund of earnest money - Interest - Grated at the rate of 15% p.a. from date of agreement till filing of suit and at the rate of 12% p.a. during pendency of suit in the trial Court and at the rate of 6% p.a. from the date of decree of trial Court till recovery...........
Civil Procedure Code, 1908, Section 35, Order 9, Rule 5, 8 -- Recovery of money - Suit for - Suit dismissed for default - Plea that there was wrong noting of date by Advocate appearing for petitioners - Held, suit ordered to be restored with condition precedent to pay cost of Rs.5,000/- to Respondents...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Civil Procedure Code, 1908, Section 122, Order 37, Rule 3(5) -- Calcutta High Court(Original Side) Rules, Chapter XIII-A Recovery suit - Chapter XIII-A Original Side Rules - Invocation of - Suit has been filed by plaintiff to recover a debt and/or liquidated amount of money claimed to be payable by defendant to plaintiff with interest - Claim arises out of a contract -..........
Agreement to sell -- Suit for recovery - Breach of contract - Forfeiture of advance amount - A substantial part of the price which is paid cannot be said to be an earnest money - The nomenclature of payment makes no difference and it is substance of the payment which is to be seen - In the instant case defendant allowed to forfeit an amount of Rs.50,000/- out of the..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Eviction - Recovery of rent - Applicability of O.37 CPC - Held, O.37 applies where suit is upon bills of exchange, hundies, promissory notes or where plaintiff seeks to recover a debt or liquidated demand in money, with or without interest on account of a written contract, or on an enactment or on a guarantee - Claim of..........
