Search Results for "discretionary interest"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "discretionary interest"

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High Court

Bombay High Court Directs Return of Security Deposit with Interest in Customs Duty Dispute — Petitioner Entitled to Refund of Rs.10 Crores with 18% Interest After CESTAT Set Aside Confiscation Order. The Court held that once proceedings are finalized in favour of the importer, the revenue cannot retain the security deposit and must return it with interest from the date of deposit under the Customs Act, 1962.

14 Jun 2010

The petitioner, M/s Pride Foramer, a company engaged in offshore oil exploration, imported a rig 'Pride Pensylvania' for a contract with ONGC. On 15 M...

Supreme Court

Supreme Court Considers Appeal by Charitable Society Regarding Leave to Institute Suit Under Section 92 of the Code of Civil Procedure, 1908. The Dispute Involves Whether a Society Registered Under the Societies Registration Act, 1860 Can Be Treated as a Trust and Sought Determination of the Conditions for Granting Leave Following Allegations of Financial Mismanagement and Breach of Trust.

1 Jan 1970

The dispute arose from a suit instituted under Section 92 of the Code of Civil Procedure, 1908 by two plaintiffs, Dr. Shelly Batra and Mrs. Usha Gupta...

High Court

Bombay High Court Upholds Arbitral Award of 18% Interest in Commercial Dispute Over Television Serial Production. Court holds that arbitral tribunal's discretion to award interest under Section 31(7)(a) of the Arbitration and Conciliation Act, 1996 does not require evidence or reasons beyond the award's reasoning, and 18% is not per se excessive in commercial matters.

5 Dec 2013

The appeal arose from a commercial dispute between Zee Entertainment Enterprises Limited (appellant) and Klassic Studios & Films Private Limited (resp...

High Court

Bombay High Court Allows Writ Petition Challenging Execution Proceedings for Recovery of Loan Amount — Interest Rate Discrepancy Between Decree and Contract Renders Execution Invalid. The execution application claimed interest at 21% per annum while the decree specified 6% per annum from the date of suit till realization, violating Section 34 CPC and Order 21 Rule 11 CPC.

18 Jun 2019

The petitioner, Rajesh Kishan Khanaj, was the original judgment debtor in a suit filed by the Federal Bank Limited for recovery of a term loan of Rs.1...

Supreme Court

Supreme Court Allows Appeal of Paschimanchal Vidyut Vitran Nigam Ltd. in Insolvency Case — Holds That Statutory Charge Under Electricity Supply Agreement Survives Liquidation and Must Be Respected Under IBC. The Court ruled that a charge created under Section 53 of the Electricity Act, 2003 read with contractual terms is not extinguished by the moratorium under Section 14 of the Insolvency and Bankruptcy Code, 2016, and the liquidator must treat the appellant as a secured creditor.

1 Jan 2023

The appellant, Paschimanchal Vidyut Vitran Nigam Ltd. (PVVNL), a state electricity distribution company, entered into an electricity supply agreement ...

High Court

High Court of Karnataka Quashes Execution Court Order in Land Acquisition Dispute — Defense Estate Officer Succeeds in Setting Aside Ex-Parte Order Due to Lack of Notice. The Court held that the execution court failed to issue notice to the judgment debtor before proceeding with execution, violating principles of natural justice under Order XXI Rule 22 CPC.

20 Aug 2025

The petitioner, The Defense Estate Officer, Karnataka and Goa Circle, filed a writ petition under Articles 226 and 227 of the Constitution of India se...

High Court

Bombay High Court Examines Public Interest Litigation Challenging Lavasa Hill Station Project and Statutory Approvals. Petition Raises Issues of Compliance with Maharashtra Regional and Town Planning Act, 1966, Special Regulations for Hill Station Development, and Approval of Water Weirs on Varasgaon Dam Backwaters.

26 Feb 2022

The judgment under consideration stems from a Public Interest Litigation filed before the High Court of Judicature at Bombay. The petitioner, a legal ...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Civil Court Decree in Land Acquisition Compensation Dispute — Petitioner Failed to Establish Entitlement to Higher Compensation Under Section 28A of Land Acquisition Act, 1894. The court held that the petitioner, having sought reference under Section 18, was not entitled to re-determination under Section 28A, and the issue was barred by res judicata.

20 Aug 2025

The petitioner, the Defense Estate Officer, filed a writ petition challenging the judgment and decree dated 30.09.2024 passed by the Senior Civil Judg...

High Court

High Court of Karnataka Allows Appeal in Credit Card Recovery Suit — Reduces Usurious Interest Rate of 2.5% per Month Compounded Monthly to 6% per Annum Simple. Contractual interest held unconscionable and against public policy under Section 34 CPC.

30 Jan 2015

The appellant, B. Gopa Kumar, was a credit card holder of Canara Bank (respondent) and was issued a Cancard-Visa card in 1998. He defaulted on payment...

High Court

Bombay High Court Hears Public Interest Litigation Challenging Amendment to Maharashtra Legislative Assembly Rules for Speaker Election — Preliminary Objections on Maintainability, Delay, Locus Standi and Privileges Raised by State. Amendment Changed Election of Speaker from Secret Ballot to Open Voting and Made Date Fixing Subject to Chief Minister's Recommendation Under Rules 6 and 7 of Maharashtra Legislative Assembly Rules, 1960.

9 Mar 2022

Background: The dispute arose from a Public Interest Litigation filed before the Bombay High Court challenging the amendment to the Maharashtra Legisl...

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