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 beyond 6% interest - If ceiling is..........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Sale of Goods Act, 1930, Section 61(2) -- Interest - Recovery suit - Court in the absence of a contract to the contrary, may award interest at such rate as it think fit on the amount of price of goods sold from the date of which the price was payable - 12% interest p.a. ordered to be paid on the suit amount from the date of plaint till the date of realization, which is..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit - Plaintiff supplied computers to defendant - Defendant issued cheques as part payment towards delivery of computers and said payment was credited to the account of plaintiff - Factum of issuance of said cheques admitted by defendant in his cross-examination - However, plaintiff issued demand notice to defendant..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was filed by defendant in the claim..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Loan amount - Dishonour of cheque - Defendant defaulted and not paid the amount with accrued interest and hence a cause of action has arisen - Whether petitioner ultimately succeeds is not relevant at this stage - Suit covered under definition of summary suit - Suit be registered as summary suit U.O 37 CPC..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery decreed - Claim of interest - Cause of action jointly and severely against two defendants - Claim against two defendants is on same footing - Decree for recovery of amount passed against defendant No.1 - Plaintiff denied the interest against defendant No.1 for the reason that contract governing parties had..........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit for recovery - Dishonour of cheque - Non-appearance of defendant within 10 days despite being served with summons - Allegations in plaint are deemed to be admitted and plaintiff is entitled to a decree for a sum not exceeding the sum mentioned in summons - However, trial Court erroneously while treating the suit..........
Evidence Act, 1872, Section 34, 92 -- Bahi entry - Loan was advanced on the basis of bahi entry - As per plaintiff, defendant has agreed to pay interest at the rate of 1% per month - Only oral evidence is available with regard to loan made on interest - Such oral evidence is excluded u/s 92 of Act - Thus, plaintiff is not entitled to any interest from date of loan till..........
Agreement to sell -- Specific performance - Refund of advance amount - Enhancement of value of real estate and decline in value of currency - Relief of refund of money, as directed by First Appellate Court, enhanced with certain conditions - Amount of Rs.15,000/- enhanced to Rs.15,00,000/- payable with interest and in case of failure to pay this amount within three months,..........
