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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

Ennore Port Limited, Vs. Hcc Van Oord Acz Joint Venture, and ors.

Court : Chennai

Subject : Letters And Patent

Acts : Letters And Patent - Clause 15

rate on 46 days deposit by the State Bank of India or as per the provisions of the Interest Act, 1978. In the present case, the dispute arose in 2000-2001 and the rate of interest on 46 days deposit … interest if any payable shall be at the current annual rate on 46 days deposit by the State Bank of India or as per the … by both the parties and on the basis of the conclusions as stated above, the Tribunal finds that Section 5 relating to whole of the works substantially completed on 01.06.2001. Accordingly, the award of the Tribunal on

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 … interest has not been made mandatory under all circumstances. The learned counsel for the petitioner also relied upon Section 4(2)(b) of the Interest Act, 1978, which is reproduced as follows:--4. 'Interest payable under certain enactments :-- (1) xx

Renusagar Power Company Vs. General Electric Company

Court : Mumbai

Subject : ContractArbitration

Acts : Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 5, 6, 6(2), 7, 7(1) and 8(1); Interest Act, 1978 - Sections 3 and 4; Arbitration Act, 1940 - Sections 34 and 35; Bombay High Court (Original Sode) Rules, 1980 - Rule 801; Code of Civil Procedure (CPC) , 1908 - Sections 9, 16, 17, 21, 30 and 120

Reported in : 1990(1)BomCR561; (1990)92BOMLR70

as against public policy and not be enforced. It is, therefore, necessary to examine the provisions of the interest Act, 1978 in this connection.61. The interest Act, 1978 defines a 'Court' to include an arbitrator also. (See section 2(a)). … This prohibition however is confined to interest which can be granted under section 3 of the interest Act.63. Section 4 of the interest Act, on the other hand, expressly says that notwithstanding anything contained in section 3, interest

Indian Telephone Industries Limited, Bangalore Vs. Bansons Engineering ...

Court : Karnataka

Subject : Contract Commercial

Acts : Code of Civil Procedure (CPC), 1908 - Sections 34; Companies Act, 1956; Indian Contract Act, 1872 - Sections 72, 73 and 230; Partnership Act, 1932 - Sections 69; Law Reforms (Miscellaneous Provisions) Act, 1934 - Sections 3; Trust Act, 1882 -Sections 23;l;Interest Act, 1978 - Sections 4; Constitution of India - Article 423

Reported in : AIR2000Kant161; 2001(2)KarLJ351

would like to deal with his liability to pay interest under the Interest Act. Section 4 of the Interest Act, 1978, which has come into force with effect from 14-8-1981, reads thus:'4. Interest payable under certain enactments.--(1)Notwithstanding anything contained

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

The Punjab State Through Executive Engineer, Kharar Construction Divis ...

Court : Punjab and Haryana

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 13, 20 and 30; Contract Act, 1872 - Sections 70; Code of Civil Procedure (CPC) , 1908 - Order 41, Rule 2; Interest Act, 1978 - Sections 3(3) and 4

Reported in : (1993)105PLR1

Mittal is that the present case falls within the meaning of 'other rule of law' in terms of Section 4(1) of the Interest Act, 1978. He submitted that Section 4 had been given an over-riding effect over Section … the arbitrator could allow interest only for the period after notice in writing under Section 3(1)(b) of the Interest Act, 1978, had been served on the department. Mr. Saron placed reliance on the clarifactory observations appearing in paragraph 38

Haresh Advani of Mumbai Indian Inhabitant Vs. Suraj Jagtiani

Court : Mumbai

Subject : Arbitration

on damages for the period upto the date of award is illegal and contrary to the provisions of Interest Act, 1978. He submits that the power of awarding interest exercised by the arbitral tribunal under section 31(7) of the … my opinion, rightly reliance was placed on behalf of the Respondents on the provisions of sub-section 1 of Section 4 of the Interest Act. Sub-section 1 of Section 4 reads as under:- "4(1) Notwithstanding anything contained in section

Haresh Advani of Mumbai Indian Inhabitant Vs. Suraj Jagtiani

Court : Mumbai

Subject : Arbitration

on damages for the period upto the date of award is illegal and contrary to the provisions of Interest Act, 1978. He submits that the power of awarding interest exercised by the arbitral tribunal under section 31(7) of the … my opinion, rightly reliance was placed on behalf of the Respondents on the provisions of sub-section 1 of Section 4 of the Interest Act. Sub-section 1 of Section 4 reads as under:- "4(1) Notwithstanding anything contained in section

Batliboi and Company Ltd., Rep. by Its Managing Director Mr. Nirmal Bh ...

Court : Chennai

Subject : Contract

Acts : Interest Act, 1978 - Sections 3, 3(1), 3(3) and 4; Negotiable Instruments Act, 1881 - Sections 80; Land Acquisition Act; Interest Act, 1839; Contract Act - Sections 73; Civil Procedrue Code , 1908 - Sections 34 - Order 2, Rule 2

Reported in : II(2006)BC436; 2006(1)CTC35; (2006)1MLJ276

the Code of Civil Procedure, 1908 (5 of 1908);(c) shall empower the court to award interest upon interest.'16. Section 4 of the Interest Act, 1978 is as follows:-'4. Interest payable under certain enactments. - (1) Notwithstanding anything contained … of pre-suit interest depends not upon Section 34 CPC, but on the substantive law. Section 3 of the Interest Act 1978 is relevant for the aforesaid purpose. The said provision is quoted hereunder :-'3. Power of court to allow