Court : Kerala
Decided on : Dec-14-1965
Reported in : AIR1966Ker192
Velu Pillai, J.1. In view of the question arising for decision, it is not necessary to relate all the facts of this ancient litigation. The appeal arises in execution of a decree which was obtained by the appellant, mortgagee of certain properties, on the basis of a lease back to the mortgagor, for recovery of possession with arrears of rent and future rent. The decree was passed on the 10th March, 1928 under the Travancore Civil Procedure Code. The question which arises for decision is whether the appellant can recover future interest, that is interest subsequent to the date of the decree, without any limit as under Section 34(1) of the Indian Civil Procedure Code or only subject to the limit imposed by Section 31(8) of the Travancore Civil Procedure Code. Section 81(1), (2) and (3) of the latter may be usefully quoted and are as follows:(1) In suits for money, no Court shall, in respect of the period antecedent to the insti-tution of the suit, allow in its decree a higher rate of int...
Tag this Judgment!Court : Kerala
Decided on : Feb-01-1965
Reported in : AIR1965Ker253
Vaidialingam, J.1. In this Writ Petition under Article 226 of the Constitution, Mr. K. V. Surianarayana Iyer, learned counsel for the petitioner, who is the proprietor of the Kottayam Electric Supply Agency, Kottayam, challenges the legality and validity of a notice and two orders passed by the State Government under the Indian Electricity Act (Act IX of 1910), hereinafter to be referred to as the Act The notice is Ext. P1 and the orders arc Exts. P2 and P3.2. Ext. P1 is a notice dated 17-8-1962 issued by the 1st respondent, the State of Kerala, under Section 4(3) of the Act, calling upon the petitioner, for the various grounds mentioned therein, as to why the license granted in his favour should not be revoked under Section 4(1)(a) of the Act. The petitioner sent an explanation dated 5-11-1962, Ext. P19; and the State Government passed the order Ext. P2 dated 17-5-1963 revoking the license under Section 5(1)(a) of the Act and fining 1st August 1983 as the date on which the said revoca...
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