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Bharat Engineering Enterprises Vs. D.D.A. and anr.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 14, 30 and 33; Interest Act, 1978 - Sections 3

Reported in : 2007(1)ARBLR90(Delhi); 136(2007)DLT379

not justified. Besides, the respondent views the rate of interest so awarded as being against the provisions of Interest Act, 1978 and seeks the award being appropriately modified.6. In reply to the objections, it was pleaded that appreciation … and the arbitration proceedings.4. On a notice of award being served, the respondent No. 1 filed objections under Sections 30/33 of the Arbitration Act, 1940.5. The challenge to the award is directed against award of amounts under … of award being served, the respondent No. 1 filed objections under Sections 30/33 of the Arbitration Act, 1940.5. The challenge to the award is directed

H.U.D.A. Vs. Raj Singh Rana

Court : Supreme Court of India

Subject : Property

Acts : Punjab Urban Estate (Development and Regulation) Act, 1964 - Sections 10; Haryana Urban Development Authority Act, 1997; Interest Act, 1978 - Sections 3 and 3(3); Interest Act, 1839; Consumer Protection Act, 1986; Code of Civil Procedure (CPC) - Sections 34

Reported in : AIR2008SC3035; III(2008)CPJ71(SC); [2009(1)JCR49(SC)]; JT2008(8)SC403; (2008)8MLJ193(SC); 2008(10)SCALE458; 2008AIRSCW5103

involving financial deals and commercial transactions, but the provision empowering Courts to allow interest is contained in the Interest Act, 1978, which succeeded and repealed the Interest Act, 1839. Section 3 of the said Act, inter alia, provides … due, the same will be recovered as an arrear or land revenue or action will be taken under Section 10 of the Punjab Urban Estate (Development and Regulation) Act, 1964:No. of instalment Due date on which thePayment

Bank of Maharashtra Vs. G.K. Enterprises and ors.

Court : Delhi

Subject : CivilBanking

Acts : Interest Act - Sections 3; Code of Civil Procedure (CPC)

Reported in : 122(2005)DLT655

passed by the learned trial court a reference was made to the provisions of Section 3 of the Interest Act, particularly to the provisions of Section 3(b) proviso of the Interest Act. The aforesaid findings and conclusions of … the judgment and decree passed by the learned trial court a reference was made to the provisions of Section 3 of the Interest Act, particularly to the provisions of Section 3(b) proviso of the Interest Act. The

M.G. Kapoor (Lt. Col.) Vs. Union of India and ors.

Court : Delhi

Subject : Commercial

Acts : Interest Act, 1978 - Sections 3(3)

Reported in : 1999IIIAD(Delhi)623; AIR1999Delhi300; [2001]103CompCas924(Delhi); 80(1999)DLT111; 1999(50)DRJ462; (1999)123PLR21

court. It is further stated that grant of interest over interest is prohibited under Section 3(3)(c) of the Interest Act, 1978 and, thereforee, part of the said order dated 25th September, 1998 (underlined by us) granting interest over … ORDERK.S. Gupta, J. 1. Respondent No. 3 - H.B. Portfolio Leasing Limited has filed this application under Section 151 CPC for modification of that part of the order dated 25th September, 1998 by which respondent No.3

Mahindra and Mahindra Limited Vs. NEPC Micon Limited

Court : Mumbai

Subject : Land Acquisition

rate for 3 days for the contract between the parties. The suit is under Section 3 of the Interest Act, 1978. 12. The oral evidence of the plaintiff's witness shows that the defendant agreed to pay the outstanding … which is the margin rate for 3 days for the contract between the parties. The suit is under Section 3 of the Interest Act, 1978. 12. The oral evidence of the plaintiff's witness shows that the defendant

M.C.D. Vs. Modern Food Industries (India) Ltd.

Court : Delhi

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 34, 34(2) and 37(7); Interest Act, 1978 - Sections 3; Sale of Goods Act, 1930 - Sections 61 and 61(2); Limitation Act, 1963 - Sections 8, 18 and 20; Code of Civil Procedure (CPC) - Sections 34; Constitution of India - Article 137

Reported in : 164(2009)DLT1

could have been awarded as respondent-Company had not given any prior notice as contemplated by Section 3 of Interest Act, 1978.13. On the other hand Mr. V.P. Singh, learned senior counsel for respondent-Company submitted that none of the … Manmohan, J.1. Present objection petition has been filed by petitioner-MCD under Section 34 of Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'Act, 1996') challenging the arbitral Award dated

M.L. Sharma Vs. State Trading Corporation of India

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act, 1940 - Sections 20; Interest Act, 1978 - Sections 3

Reported in : 70(1997)DLT1; 1997(43)DRJ290

by the respondents. The claimants are, thereforee, justified in asking for compensation, by way of interest, under the Interest Act, for the delay in payment of their legitimate amount.The Security deposit of Rs. 3,850.00 is refundable to the … out of the execution of the works and such disputes were referred in the respective petitions filed under Section 20 of the Arbitration Act before this Court i.e. Suit Nos. 341-A/87, 342-A/87 and 343-A/87. The order dated

Delhi State Industrial Development Corporation Vs. Anil Kashyap

Court : Delhi

Subject : Commercial

Acts : Interest Act, 1978 - Sections 3(1)

Reported in : 56(1994)DLT637

is no agreement to pay any interest after September 4, 1984. The provisions of Section 3(1) of the Interest Act would become applicable, which lay down as follows:- '3.Power of court to allow interest.-(1) In any proceedings for … to Rs. 10,800.(9) There is no agreement to pay any interest after September 4, 1984. The provisions of Section 3(1) of the Interest Act would become applicable, which lay down as follows:- '3.Power of court to allow

Smt. Rukmani Devi Vs. Dhanraj

Court : Rajasthan

Subject : Property

Reported in : 1994(1)WLN248

to be paid to him on the expiry of the above-said period of one month. Section-3 of the Interest Act, 1978, clearly empowers the Court to award interest on the amount, and from the date that it is … N.C. Kochhar, J. 1. This appeal under Section 96 of the Code of Civil Procedure ('the Code'), is directed against the Ex parte decree dated 20th

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 … refund 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