Arbitration and Conciliation Act, 1996, Section 31(7) -- Arbitration award - Interest - Arbitrator cannot award interest when there is an agreement between parties that no interest shall be payable - However, where the agreement between parties does not prohibit grant of interest then arbitrator has power to award interest pendente lite - However, this does not mean that..........
Civil Procedure Code, 1908, Section 34, Hire Purchase Act, 1972, Section 13 -- Hire purchase agreement - Pendente lite interest - Grant thereof - Power of Court - Held, S.34 of the Code of Civil Procedure gives discretion to Court for ordering interest on principal sum adjudged and may order interest at such rates as Court deems reasonable to pay at such sum from date of..........
Civil Procedure Code, 1908, Section 34 -- Hire purchase agreement - Pendente lite interest - Grant thereof - A simple suit of recovery of money from a commercial concern - Held, having regard to the fact that it was a commercial transaction, case falls within first proviso to Section 34 of the Code of Civil Procedure - Interest by Court can be granted at the rate more than..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for partition - Transfer made during pendency of suit - Held, though it not mandatory for a party to implead transferee pendente lite as party, but court in exercise of its discretion can allow alienee to be made as party so as to enable him to protect his interest...........
Haryana Agricultural Credit Operators and Miscellaneous Provisions (Banks) Act, 1973, Section 8, Civil Procedure Code, 1908, Order 34 - - Interest pendente lite - Grant of - Held, court has discretion to fix interest from date of suit upto date fixed for payment in preliminary decree at same rate agreed in contract - If no rate is so fixed, such rate as court deems..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest pendente lite - Grant of - Money decree - Applicability of S.34 - Held, S.34 of the Code applies to simple money decree and payment of interest in such suits - Whereas O.34.R.11 deals with mortgage suit and payment of interest...........
Arbitration Act, 1940, Section 31(7) -- Arbitration - Interest - Pendente lite and future - In the absence of any specific contract in regard to rate of interest, pendente lite and future interest should not normally exceed 9% per annum...........
Civil Procedure Code, 1908, Section 47 -- Execution - Pendente lite purchaser of property after attachment - Word `representative' occurring in S.47 of the Code includes not only a legal representative in the sense of heirs, executors or administrators but also take in a `representative in interest', i.e. a transferee of a party to the proceeding or a transferee of such..........
Civil Procedure Code, 1908, Section 34 -- Pendente lite and future interest - Grant of - Power of High Court - Held, payment of interest is in the discretion of Court - However, even if, the impugned judgment and decree is silent on this aspect High Court in exercise of judicial discretion is well within its right to grant such interest...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a transferee pendente lite - Suit for permanent injunction - Defendant alienated property during pendency of suit - Held, purchaser of suit property from the defendant is necessary party because rights of the purchaser would be effected by adjudication of the suit -..........
