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..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Dishonour of cheque - Recovery suit - Documents placed on record would show that dispute is fully covered under the provisions of O.37 of CPC - Documents also leave no room for doubt that cheque issued by defendant stands dishonoured due to `Insufficient Funds' - In criminal complaint filed u/s.138 of N.I. Act, defendant had..........
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, Section 34 -- Suit for recovery - Interest pendente lite - Grant of - Whether in proceedings initiated for recovery contractual rate of interest would govern terms of recovery including award of interest pendente lite or award of interest pendente lite would be granted as per discretion of court in accordance with provisions of the Code? - Held,..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Suit for recovery of loan amount - First Appellate Court awarding pendente lite and further interest on decretal amount - Said grant of interest is impermissible...........
Civil Procedure Code, 1908, Section 34 -- Interest - Earnest money - Recovery suit decreed - Award of interest - Legality of - Contention that defendants were not in a position to execute sale deed - Defendants kept money with them for a very long period - Held, defendants should have returned earnest money to plaintiff - In these circumstances, finding of learned..........
Civil Procedure Code, 1908, Section 34 -- Interest - Non commercial transaction - Suit for recovery of principal amount alongwith interest - Trial Court awarded pendente lite and future interest at bank rate on principal amount and pre suit interest - Plaintiff not entitled to interest on amount of interest already claimed - Pendente lite and future interest allowed @ 6%..........
Civil Procedure Code, 1908, Order 34, Rule 11(a)(iii) -- Bank loan - Mortgage suit for recovery - Interest pendente lite - Interest from date of suit to date of preliminary decree, not to exceed 6% per annum...........
Civil Procedure Code, 1908, Section 34 -- Interest - Future and pendente lite - Recovery suit by Bank - Suit tried and fixed for arguments - At that stage defendant depositing amount as claimed and applying for consignment of record - Petitioner's application rightly dismissed by Court - Bank entitled to interest pendente lite and future at agreed rate...........
