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O. Sreenivasulu Vs. Smt. P. Santhi

Court : Andhra Pradesh

Subject : Civil

Acts : Interest Act, 1978 - Sections 3, 4(1), 4(2) and 5; Code of Civil Procedure (CPC) , 1908 - Sections 34, 34(1) and 34(2)

Reported in : AIR2007AP115; 2007(2)ALD175; 2007(2)ALT673

interest has been awarded by the Court on the aforesaid amounts.7. Sub-section (1) of Section 4 of the Interest Act, 1978 authorizes payment of interest notwithstanding anything contained in Section 3 of the said Act in all cases in

Gulbanu Razack Vs. Assistant Commissioner of Income-tax (investigation ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80C, 80L, 132, 132(1), 132(4), 132(4A), 132(5), 132(7), 132(11), 132(12), 132B, 132B(3), 132B(4), 244A, 297 and 297(2); Interest Act, 1978 - Sections 4; ;Indian Contract Act, 1872- Sections 73

Reported in : [1990]186ITR226(AP)

payable under the common law or equity jurisdiction of the court as also under the provisions of the Interest Act, 1978, and, in particular, section 4(1) of that Act which preserves the right of parties to claim interest outside

Executive Engineer (irrigation), Balimela and ors. Vs. Abhaduta Jena a ... Overruled

Court : Supreme Court of India

Subject : Arbitration

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 34; Arbitration Act, 1940 - Sections 14, 15 and 30; Interest Act, 1978 - Sections 3 and 4; Interest Act, 1839 - Sections 1; Negotiable Instruments Act - Sections 80; Sale of Goods Act - Sections 61(2)

Reported in : AIR1988SC1520; JT1987(4)SC8; 1987(2)SCALE675; (1988)1SCC418; [1988]1SCR253; MANU/SC/0004/1987

34 of CPC, 1908, Sections 14, 15 and 30 of Arbitration Act, 1940, Sections 3 and 4 of Interest Act, 1978, Section 1 of Interest Act, 1839 - both Interest Act, 1839 and Interest Act, 1978 provide for award of interest

P. Ram Reddy Vs. State of Andhra Pradesh and Another

Court : Andhra Pradesh

Subject : Constitution

Acts : Code of Civil Procedure (CPC), 1908 - Sections 34; Interest Act, 1978 - Sections 3 and 4(2); Interst Act, 1839 - Sections 1; Evidence Act, 1872 - Sections 115

Reported in : AIR1990AP76

R, Venugopal Reddy, learned counsel for the petitioner, has relied upon the provisions of S. 3 of the Interest Act, 1978 (Act No. 14 of 1978) wherein it is provided, that the court may, if it thinks fit, allow … (1) xx xx xx (2) Notwithstanding as aforesaid, and without prejudice to the generality of the provisions of sub-section (1), the court shall, in each of the following cases, allow interest from the date specified below to the

S. Balasubramanian rep. by Power of Attorney Agent Gomathinayagam Vs. ...

Court : Chennai

Subject : Property

Acts : Land Acquisition Act, 1894 - sections 4(1), 6(1), 23, 28 and 34; Interest Act, 1978 - Sections 1

Reported in : (2001)2MLJ529; 2001(2)CTC519

Sections 4 (1), 6 (1), 23 28 and 34 of Land Acquisition Act, 1894 and Section 1 of Interest Act, 1978 - petitioner's land were acquired by Government - Land Acquisition Officer fixed market value at rate of Rs.

State of Maharashtra and Others Vs. SaifuddIn Mujjaffarali Saifi

Court : Mumbai

Subject : Contract

Acts : Indian Contract Act, 1872 - Sections 9; Code of Civil Procedure (CPC), 1908 - Sections 34 and 80; Interest Act, 1978 - Sections 2 and 3(1); Banking Regulation Act, 1949; Industrial Disputes Act, 1947

Reported in : AIR1994Bom48; 1994(2)BomCR277; (1994)96BOMLR497

the same has to be rectified in this appeal. The learned A.G.P. has drawn our attention to the Interest Act, 1978 (14/78) which governs the transaction where no interest has been stipulated nor usage has been established in that … ORDERHalbe, J. 1. The Stale of Maharashtra and its Officers have preferred this appeal against … to pay him this amount, fell on deaf ears and, therefore, the plaintiff had to give notice under Section 80 Civil Procedure Code on 12th May, 1982. However, as there was mistake in calculation in the claim

U.P. Co-operative Federation Ltd. Vs. M/S. Three Circles

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29, 30, 39 and 41; Interest Act, 1978 - Sections 2 and 3; Interest Act, 1839; Code of Civil Procedure (CPC), 1908 - Sections 34 and 35(3); Banking Regulation Act, 1949; Partnership Act, 1952 - Sections 37

Reported in : 2000(3)ALLMR608; 2000(3)BomCR360; (2000)3BOMLR430; 2000(3)MhLj730

interest and the rate of 15% p.a. is far in excess of what is contemplated even under the Interest Act, 1978. (v) The arbitrator erred in granting interest on interest on two of the claims.(vi) Finally, the arbitrator erred … ORDERB.N. Srikrishna, J.1. This appeal under section 39(vi) of the Arbitration Act, 1940 (hereinafter referred to as 'the Act') is directed against the judgment and.

Union of India, Through Garrison Engineer (West), New Cantonment, Alla ...

Court : Allahabad

Subject : Arbitration

Acts : Interest Act, 1978 - Sections 2, 3 and 3(1); Code of Civil Procedure (CPC), 1908 - Sections 34; Arbitration Act, 1940 - Sections 3, 14, 17, 29 and 41; Civil Laws (Reforms and Amendment) Act, 1976 - Sections 24 and 37(3); Interest Act, 1939

Reported in : 2000(4)AWC2904

own costs. Arbitration - interest prior to reference period - Sections 2 (a) and 3 (1) (b) of Interest Act, 1978, Section 34 of Code of Civil Procedure, 1908, and Para 7A of the first Schedule as inserted by Section

Ala UddIn Vs. Sishir Kumar Dutta

Court : Guwahati

Subject : Commercial

Acts : Evidence Act, 1872 - Sections 45, 47 and 73; Negotiable Instruments Act, 1881 - Sections 4; Interest Act, 1839 - Sections 1; Interest (Amendment) Act, 1978; Code of Civil Procedure (CPC) , 1908 - Sections 34

under the Interest Act. As already stated above, the suit was instituted on 12-5-78 before enforcement of the Interest Act, 1978 which came into force on 19-8-81. Therefore, the Interest Act, 1839 will be applicable to the present case. … which came into force on 19-8-81. Therefore, the Interest Act, 1839 will be applicable to the present case. Section 1 of the Interest Act, 1839 runs as follows : 'It is, therefore, hereby enacted that, upon all debts

Mahavir Metal Mart Vs. Union of India (Uoi) and ors.

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1955 - Sections 11BB, 40, 40(1) and 41(2); Interest Act, 1978 - Sections 3; Central Excise Rules

Reported in : 2009(4)BomCR247

26.5.1995, when the Act came into force, is payable under common law and under Section 3 of the Interest Act, 1978. However, the entire interest amount has been disallowed.6. The refund was allowed; the interest was disallowed. The Plaintiff … of excise duty applied for by the Plaintiff and granted by the Defendants to the Plaintiff under Section 11BB of the Central Excise Act, 1955 (the Act) with further interest at the rate of 19% per annum