Search Results for "pre-suit interest"

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Search Results for "pre-suit interest"

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Supreme Court

Supreme Court Dismisses Contractor's Appeal in Arbitration Case Upholding Contractual Interest Bar. Pendente Lite Interest Denied as Contract Clause Prohibiting Interest on 'Any Moneys Due' is Valid Under Section 31(7)(a) of Arbitration and Conciliation Act, 1996, and Does Not Violate Section 28 of Indian Contract Act, 1872.

4 Oct 2021

The appeal arose from a dispute between a contractor and Bharat Heavy Electricals Limited regarding a construction contract for a boundary wall at a p...

High Court

High Court of Bombay Allows Second Appeal in Interest Calculation Dispute — Appellant Entitled to Interest on Unpaid Rent from Date of Demand, Not Date of Suit. Court clarifies that under Section 34 of the Code of Civil Procedure, 1908, interest for the period prior to suit can be granted at the contractual rate or under the Interest Act, 1978, and the court has discretion to award interest from the date of demand.

16 Oct 2018

The appellant, Sahebrao Patil, filed a suit against the Municipal Council, Pachora, for recovery of unpaid rent and other amounts due under a lease ag...

High Court

Bombay High Court Allows Restitution to Judgment Debtor in Execution Case Despite Decree Modified Only as to Interest. Decree Holder Auction Purchaser Not Entitled to Protection Under Section 144 of Code of Civil Procedure, 1908.

5 Jun 2017

The case involves a second appeal arising from a suit for recovery of money. The original plaintiffs (Respondent Nos. 1-3) filed Special Civil Suit No...

High Court

Bombay High Court Dismisses Nagpur Improvement Trust's Appeal Against Declaration of Demolition Notices as Illegal. Repairs Carried Out with Municipal Corporation Sanction Cannot Be Treated as Unauthorised Construction Under Maharashtra Regional and Town Planning Act, 1966.

29 Apr 2014

The case involves a second appeal filed by the Nagpur Improvement Trust (NIT) against the judgment and order dated 16.1.2006 passed by the 3rd Additio...

High Court

Bombay High Court Dismisses Second Appeal in Specific Performance Suit — Agreement to Sell Not Proved. Concurrent findings of courts below upheld that plaintiff failed to prove agreement and suit was barred by limitation under Specific Relief Act, 1963.

19 Mar 2014

The appellant, Smt. Doshmani w/o. Vasantlal Bahoria, filed a Second Appeal against the judgment and order dated 26.4.2007 passed by the Adhoc District...

High Court

Bombay High Court Partly Allows Appeal in Specific Performance Suit — Modifies Interest Rate on Refund of Earnest Money. Court holds that in absence of pleading and evidence of commercial transaction, interest under Section 34 CPC at 6% per annum from date of suit is appropriate, not from date of agreement.

29 Nov 2013

The respondent (original plaintiff) filed a suit for specific performance of a contract for sale of property, or in the alternative, for refund of ear...

High Court

Bombay High Court Dismisses Appeals Upholding Rejection of Plaint for Non-Compliance with Mandatory Pre-Suit Notices Under MMC Act and MCS Act. Failure to Serve Notice Under Section 527 of Mumbai Municipal Corporation Act, 1888 and Section 164 of Maharashtra Cooperative Societies Act, 1960 on Public Authorities Renders Plaint Liable for Rejection Under Order 11 Rule 7(d) CPC.

25 Oct 2013

The appellants, Noor Mohd. Shami Shaikh and another, filed First Appeals against a common order dated 6.2.2013 passed by the City Civil Judge, Mumbai,...

High Court

Bombay High Court Allows Tenant's Appeal in Eviction Suit — Lease Deed Interpretation and Rent Arrears Calculation. Landlord's Unilateral Adjustment of Security Deposit Held Invalid; Notice of Demand Under Section 12(2) of Bombay Rent Act Not Proven.

23 Oct 2012

The appellant, Chandiram Dariyanumal Ahuja, was a tenant of a shop block owned by the respondent, Akola Zilla Shram Wahtuk Sahakari Sanstha, under a l...

High Court

Bombay High Court Allows Second Appeal in Cooperative Society Dispute — Pre-suit Notice Under Section 164 of Maharashtra Cooperative Societies Act is Mandatory and Cannot Be Waived. The suit for recovery of money against a cooperative society was dismissed for want of mandatory pre-suit notice under Section 164 of the Maharashtra Cooperative Societies Act, 1960, and the lower appellate court's reversal was set aside.

16 Jul 2010

The appellant, Jijamata Sahakari Sakhar Karkhana Ltd., a registered cooperative society, challenged the judgment and order dated 14.2.1994 passed in R...

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