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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 … to be examined intimately/closely. The said Sub-section (2A) provides, as stated above, that while making an order under Section 5(1) or (2), the Estate Officer may direct that arrears of rent or, as the case may be, damages

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 … of the benefit under section 80C and section 80L of the Act. A reminder was sent on December 5, 1986. It is said that the said request was not acceded to. The Income-tax Officer passed an order

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 … 12 separate 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,

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

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 … 1995 dated 12.4.2000.2. The plaintiff / respondent filed the aforesaid suit for realisation of a sum of Rs. 54,87,973/- with interest at the rate of 24% on the principal sum of Rs. 54,87,973/- from the date of

The New India Assurance Co. Ltd. Vs. Sri Harbanslal Agrawal

Court : Orissa

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 23 and 29; Code of Civil Procedure (CPC) , 1908 - Sections 34; Interest Act, 1978 - Sections 2 and 3

Reported in : AIR1991Ori187

which I shall discuss a little later. The Court took into account the provisions of Interest Act, 1839, Interest Act 1978, Section 34 of the Civil Procedure Code and certain other provisions of the substantive law like Section 61(2) of … OAO 1213 belonging to the claimant-respondent was insured with the appellant-Company under policy No. 4323609798 vide certificate No. 543488 dated 29-1-82. It was involved in an accident on 13-4-82. Certain dispute having arisen in connection with the

Shiv Lal Vs. Food Corporation of India

Court : Rajasthan

Subject : Arbitration

Acts : Evidence Act, 1872 - Sections 115; Code of Civil Procedure (CPC) - Sections 114 - Order 47, Rule 1; Arbitration Act, 1940 - Sections 8, 14(2), 29, 30, 33 and 39; Limitation Act, 1963 - Sections 5 - Schedule - Article 119

Reported in : AIR1997Raj93; 1997(2)WLC203; 1997(1)WLN56

arbitration proceedings, there was, earlier, provision in the Interest Act, 1839 and on its subsequent repealment, in the Interest Act, 1978. However, both the old as well as the new Acts of 1839 and 1978 do not provide for … 30/33 (by implication) of the Arbitration Act, 1940, on 3-4-1981 and not before. There was no application under Section 5 of the Limitation Act to condone the delay made in filing objections against the impugned award. Article 119(b)

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

reproduced :--'Under the Interest Act, 1978, which came into force on August 19, 1981, Court includes arbitrator. Under Section 5 of the Interest Act Section 34 of the Code of Civil Procedure would, therefore, apply to the arbitrator … (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

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)). … $ 12,215.622.1418. G.E.C. on 15-10-1986, filed the present Arbitration Petition No. 159 of 1986 in this Court under section 5 of the Foreign Awards (Recognition and Enforcement) Act, 1961 to enforce the Award. This petition was resisted by

Indian Oil Corporation Ltd., Madras Vs. Mrs. Sakuntala Ganapathy Rao P ...

Court : Chennai

Subject : Limitation

Acts : Indian Limitation Act, 1963 -- Sections 5; Arbitration Act, 1940 -- Sections 30 and 33; Interests Act, 1978

Reported in : 1998(3)CTC170

- Section 5 of Indian Limitation Act, 1963, Sections 30 and 33 of Arbitration Act, 1940 and Interests Act, 1978 - application for condonation of delay in filing appeal - administrative delay does not constitute sufficient cause to … that the learned Judge has no jurisdiction to interfere with the case of the consent award modifying the interest portion from 19% to 12% and that he has erred in not granting interest for the pre- reference

P.i. Vargheese Vs. Kerala Automobiles Ltd., Trivandrum

Court : Kerala

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 29

Reported in : AIR1998Ker275

Co-operative Bank Ltd. v. B. Gupta and Co., AIR 1986 Cal 146. Moreover, under Section 2(a) of the Interest Act, 1978, the Arbitrator being also deemed to be a Court, he has the power to allow interest pendente lite … of decree, under Section 3 of the Interest Act, in awards rendered after the Act came into force, section 5 of the Act clearly indicates that 'Nothing in this Act shall affect the provisions of Section 34 of