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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. … refusing to set aside an Arbitration Award No. 166 of 1989 dated 20th October 1989.2. Some time in 1983, the appellant had floated tenders for

Hindustan Shipyard Ltd Vs. Etpm, a Foreign Company

Court : Mumbai

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 30 and 33; Interest Act, 1978 - Sections 2 and 3

Reported in : 1994(2)BomCR546

tribunal and an arbitrator' by virtue of definition of the expression 'Court' contained in section 2(a) of the Interest Act, 1978. Section 3(1) of the Interest Act, 1978 reads as under:'3. Power of Court to allow interest: (1) In any

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

Entral Warehousing Corporation Vs. Uppal Engine Const. (P) Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29; Interest Act, 1978 - Sections 2

Reported in : ILR1996Delhi74

Section 60 of Sale of Goods Act or Interest Act, 1968 or other substantive right to interest. The Interest Act 1978, in Section 3 read with Section 2(a) no doubt permits grant of interest but this is only for

Madnani Construction Corporation (P) Ltd. Vs. Union of India (Uoi) and ...

Court : Supreme Court of India

Subject : ArbitrationCivil

Acts : Arbitration Act, 1940 - Sections 3, 17, 20, 29, 30, 33 and 41; Code of Civil Procedure (CPC) - Sections 24 and 34; Arbitration and Conciliation Act, 1996 - 31(7); Interest Act, 1978 - Sections 2, 3 and 3 (3); Interest Act, 1839

Reported in : AIR2010SC383; 2010(1)AWC862(SC); 2009(14)SCALE399; (2010)1SCC549; 2010(1)LC42(SC):2009AIRSCW7629; [2009] 16 SCR 216

without saying that in the instant case, the provision of the Interest Act, 1978 is attracted. Under the Interest Act, 1978, Section 2(a) defines 'Court' to include both a tribunal and an arbitrator.32. Under the Interest Act, Section 3 empowers

Vivek Sondhi Vs. N.D.M.C.

Court : Delhi

Subject : Property

Acts : Public Premises (Eviction of Unauthorised Occupants) Act, 1971 -Sections 5, 5(1), 5(2), 7 and 7(2A); Interest Act, 1978 - Sections 2 and 3

Reported in : 2003(66)DRJ142

may be prescribed, not being a rate exceeding the current rate of interest within the meaning of the Interest Act, 1978 (14 of 1978).Section 2(b) of the Interest Act, 1978 reads as under :-'Current rate of interest' means the

Superintending Engineer, Somasila Project, Nellore District and Anothe ...

Court : Andhra Pradesh

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 15, 17, 28(2) and 30; Interest Act, 1978 - Sections 2 and 3

Reported in : AIR1990AP283

rendered in case, : [1988]1SCR253 (supra) lays down that in cases which arose before the commencement of the Interest Act, 1978, the claimants are not entitled to claim interest either before the commencement of the proceedings or during the … interest at 12% per annum from 4-8-1981.2. The Government filed C. M. P. No. 4428 of 1989 under Section 30 of the Arbitration Act (hereinafter referred to as 'the Act') to set aside the award on the

Oil and Natural Gas Commission, Mumbai Vs. Macqreqor-navire Port Equip ...

Court : Mumbai

Subject : ArbitrationContract

Acts : Contract Act - Sections 74; Arbitration Act, 1940 - Sections 13 and 19; Interest Act, 1978 - Sections 2

Reported in : 2002(1)BomCR278; 2002(3)MhLj313

(4) At any rate it is contended that the interest if payable would be in terms of the Interest Act, 1978 considering that there was no agreement between the parties for the pre-reference period, reference period and post reference … aspect again based on the Interest Act, 1978. Under the Interest Act, 1978 'Court' has been defined under Section 2(a) to include a tribunal and an arbitrator. Current rate of interest has been defined under Section 2(b) as

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

Subject : Land Acquisition

(The Petroleum Minerals and Pipelines (Acquisition of Right of User in Land) Act, 1962); Land Acquisition Act, 1882; Interest Act, 1978, Section 3(1)(b) - Arbitration Petition - Petitioner’s claims for providing services to obtain statutory clearances from various authorities for … claims. The learned Arbitrator has rejected each one of the claims under the impugned award dated 5th March, 2010 which has been challenged in this petition under Section 34 of the Arbitration and Conciliation Act, 1996 (the

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 … which was refunded to the petitioner by the Income-tax Department. Interest is claimed for the period from September 26, 1986, the date of seizure, up to November 9, 1989, the date of refund. 2. For the purpose