Civil Procedure Code, 1908, Section 34 -- Interest - Penalty clause - Court allowed pendente lite interest @ 9% p.a. - However, in case principal amount is not paid from date of decree rate would be at 11% p.a. - Penalty clause cannot be allowed to sustain and is hereby set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Stay beyond period provided in the lease agreement - Defendant is liable to pay mesne profits - No evidence led to measure damages that can be awarded as mesne profits - Held, plaintiff is entitled to mesne profits of 15% per annum over the last paid rent - Plaintiff is also entitled to pendente lite and future..........
Transfer of Property Act, 1882, Section 52 -- Transfer pendente lite - Suit property allotted to the share of plaintiffs in partition of 1982 - Even compromise was entered into between plaintiff and defendant no.1 holding said share of plaintiff - By virtue of said compromise defendant no.1 is aware that suit property was allotted to share of plaintiffs and he had no..........
Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitral award - Rate of interest - Award of interest for pre-reference and pendente lite period is subject to agreement between parties - However, in the absence of agreement between parties, Tribunal has discretion to award interest as it deems reasonable...........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Unless there is a clear and express bar to the payment of interest that can be awarded by an arbitrator, clauses which do not refer to claims before the Arbitrators or disputes between parties and clearly bar payment of interest, cannot stand in the way of an arbitrator..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Contract - Clause 16 of General conditions of contract only speak of delay in payment and not to any other amounts payable to contractor under the contract - There is nothing in said clause which refers even obliquely to Arbitrator's power to grant interest - Even Clause 16..........
Arbitration Act, 1940, Section 29 -- Award of interest - Pre-reference and pendente lite interest - Civil Judge reduced interest from 18% to 10% as awarded by Arbitrator only on the ground that ONGC is a Public Sector Undertaking - Said ground is not sufficient to reduced interest what was within Arbitrator's discretion - Even, there is no finding that discretion exercised..........
Civil Procedure Code, 1908, Section 47, Order 21 -- Execution - Pendente lite transferee - Adjudication of right, title and interest - Question of bona fide purchaser or entitlement of any declaration of title or interest over property based on pendente lite transfer cannot be raised in execution of decree of immovable property either u/s 47 or under any of provisions in..........
Arbitration Act, 1940, Section 17 -- Arbitral award - Interest pendente lite - When a dispute is referred for adjudication to an arbitrator, terms contained in General Contract clauses, which is binding on parties, cannot be extended to bind an Arbitrator - Arbitrator has power to award interest pendente lite where justified...........
