Court : Jharkhand
Reported in : I(2005)BC438; [2005(1)JCR82(Jhr)]
..... the industry became seek, the managing director, adityapur industrial development authority recommended to rehabilitate and therefore the plaintiffs were bound to remit the interest due on cash credit and term loan. ..... unadjusted interest dues may also be funded in the aforesaid manner ..... 7 of 1988, whereby and whereunder he has pleased to decree the suit in part with 6% simple interest directing the respondents/defendants to make payment the dues in thirty six installments and also without cost of the suit.2. ..... part is so far as the amount to which the plaintiff was entitled to recover the outstanding dues at the time of last offer for sale of the mortgaged property on auction on 24.10.1986 by the plaintiff bank and the rate of interest to be counted should be at the rate of 6 per cent simple interest from the said period offer for auction sale till the realization of entire dues. ..... 1 and 2 executed and delivered some documents to secure due repayment of the loan amount with all agreed terms of interest, costs, charges etc. ..... the principal dues may be funded as working capital term loan with a repayment schedule not exceeding 5 years interest may be charged on this funded loan at 10 per cent per ..... 2,32,798/- stood due against cash credit account including the interest calculated upto 25.2.1988 and all the defendants according' to plaintiff are jointly and severally liable to pay the ..... on several occasions they acknowledged the aforesaid dues but failed to pay the amount or the interest. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR515(Jhr)]
..... section 9 of the mines and minerals (regulation & development) act, 1957, on the coal extracted and removed/consumed by the petitioner.under rule 64(a) of the mineral concession rules, 1960, the state government is empowered to charge 24% interest on the dues of royalty, if the same is not paid within sixty days from the date fixed for payment by the state government.the petitioner had been paying royalty as per law upto february, 2002, but abruptly ..... in its meeting held on 17th august, 1994, submitted that there is no bar to recover the admitted 'royalty' with interest due for the period subsequent to the date of declaration 'sick'. ..... petitioner had not disputed the certificate amount for recovery of royalty with interest, but it filed objection under section 9 of the p.d.r. ..... , 1985 in respect to royalty and interest payable by it for the period march, 2002 to november, 2002 nor such relief can be ..... hand, the revenue contended that the recovery proceeding related to the period after the sanctioned scheme, the legal bar or embargo under section 22 of the act could only be in respect of the sales tax dues included in a sanctioned scheme and not for the subsequent period. ..... , including the royalty and interest payable by petitioner.11. ..... other construction will be unreasonable and unfair and will lead to a state of affairs enabling the sick industrial unit to collect amount due to the revenue and withhold it indefinitely and unreasonably. ..... the royalty amount with interest which came to rs. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(4)JCR264(Jhr)]
..... in the circumstances, prayer for interest due to delayed payment of retiral benefits is not allowed. ..... however, the respondents are directed to see that statutory interest on gpf amount is paid till the date of actual payment. ..... the jharkhand state electricity board is also directed to supply a calculation chart to the petitioner about the payment of gpf and statutory interest paid thereon within two months from today. ..... learned counsel for the jseb submitted that after creation of jharkhand, there has been some delay in payment of retiral dues to the petitioner and therefore, board may not be directed to pay interest on retiral dues. ..... he further submitted that it is not clear whether statutory interest accrued on gpf amount till the date of payment has been paid or not.5. ..... however, petitioner is entitled to statutory interest on gpf amount till the date of payment.6. ..... if the statutory interest on the gpf has not been paid up to the date of payment of gpf, the same will also be paid to the petitioner along with calculation thereof within the same time.with these observations and directions, ..... petitioner has prayed for a direction upon the respondents to make payment of the entire retiral benefits of her deceased husband, namely, yugal thakur, with interest.3. ..... learned counsel appearing for the jharkhand state electricity board and bihar state electricity board submitted that the entire retiral dues have been paid.4. .....
Tag this Judgment!Court : Jharkhand
..... 28 on 26.10.2017 and many lenders released their share after recovering their interest dues. ..... of the company in terms of section 212 of the act of 2013 (a) on the receipt of a report of the registrar or inspector under section 208;(b) on intimation of a special resolution passed by a company that the affairs of the company ought to be investigated; or (c) in public interest; (d) or any request of a department of the central government or a state government. ..... the sfio has a mandate under the act of 2013 and the notification under which it is created to investigate serious cases of fraud in relation to a company in the public interest under section 212 of the act of 2013. ..... 361.28 crores was adjusted towards the interest during construction (idc). ..... the interest during construction (idc) is to be levied in view of the clause 2.8.1 read with clause 2 of the common loan agreement. ..... due to opting out of state bank of travancore the limit of loan was lowered down to rs. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(3)JCR110(Jhr)]; [2004]138STC319(Jharkh)
..... petitioner, on the other hand, submitted that section 43 of the bihar finance act was very clear in its term and the assessee could not be deprived of the interest due to it on the alleged ground of delay in verifying the deposits in the treasury. ..... had already been refunded pending the writ petition, no direction in that behalf is necessary.in the result, we allow this writ petition to the extent of directing the respondents to pay interest at 9% per annum on the amount refunded to the petitioner from 3.12.1998 till 22.2.2003 when the amount was actually refunded. ..... strict implementation of these provisions would go a long way in saving the exchequer from incurring of liability for interest and would enable the department to make refunds within the time contemplated by section 43 of the bihar finance ..... this would go a long way in avoiding delay in refunding the amount due to an assessee and prevent the running of interest in terms of section 43 of the bihar finance act, thereby leading to a ..... department also filed a counter affidavit essentially taking the stand that time was taken for verifying the amount due to the writ petitioner and that was the reason for the delay in making the refund applied for ..... , the petitioner filed the present writ petition on 14.2.2003, inter alia, for the issue of a writ of mandamus directing the state and the department, to refund the amount with interest thereon, pending the writ petition, on 22.2.2003, refund vouchers were issued to the petitioner. .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2004Jhar29; II(2004)BC438; 2003(3)BLJR2295; [2003(4)JCR579(Jhr)]
..... 4,07,620/- was deposited on 7.4.1997 for the satisfaction of the interest due till date and as per the report of the seristedar an excess amount of rs. ..... the learned court below is directed to get the decretal dues calculated afresh as per simple interest @ 15% per annum in terms of the decree and in case there is still some due under the decree as per that calculation, necessary direction shall be given to the judgment debtors-petitioner to deposit the said amount within two months for the full satisfaction of the decree. ..... it has also been submitted that the calculation of the amount due as stated in the petition of the decree holder-opposite party having been calculated by a chartered accountant is incorrect and illegal and against the terms of the decree in view of the fact that compound interest has not been allowed to the decree holder-opposite party. ..... it has also been submitted that the executing court has no right to go behind the decree and the direction in the order dated 30.5.1994 as well as in the impugned order to calculate the due amount under the decree with interest on compound rate is illegal and is also against the decree. ..... the normal rule in case of a debt due with interest and cost is that any payment made by the judgment debtor towards the satisfaction of the decree is in the first instance shall be applied towards the satisfaction of the interest arid the remainder, if any, thereafter, to the principal. .....
Tag this Judgment!Court : Jharkhand
..... 28 on 26.10.2017 and many lenders released their share after recovering their interest dues. ..... of the company in terms of section 212 of the act of 2013 (a) on the receipt of a report of the registrar or inspector under section 208;(b) on intimation of a special resolution passed by a company that the affairs of the company ought to be investigated; or (c) in public interest; (d) or any request of a department of the central government or a state government. ..... the sfio has a mandate under the act of 2013 and the notification under which it is created to investigate serious cases of fraud in relation to a company in the public interest under section 212 of the act of 2013. ..... 361.28 crores was adjusted towards the interest during construction (idc). ..... the interest during construction (idc) is to be levied in view of the clause 2.8.1 read with clause 2 of the common loan agreement. ..... due to opting out of state bank of travancore the limit of loan was lowered down to rs. .....
Tag this Judgment!Court : Jharkhand
..... 1,31,395 with interest due and payable to the petitioner l&t financial limited. ..... 1,31,395/ with further interest at the rate of 24% per annum from 08.09.2009 till, payment or realisation. ..... 1,31,395/ with interest and not the immovable property situated within the local limits of the hazaribagh court and therefore, the application under section 34 of the arbitration and conciliation act, 1996 would have been filed only in ..... 1,31,391/ as on 07.09.2001 and interest at the rate of rs. .....
Tag this Judgment!Court : Jharkhand
Reported in : (2004)189CTR(Jharkhand)411; [2004]270ITR224(Jharkhand)
..... the order imposing penalty, the order imposing penalty came out of eclipse and' revived the obligation of the assessee to pay it and the interest due on it and also the obligation of the assessee pursuant to the original notice issued under section 156 of the act, by the ao on the imposition of penalty. ..... does not pay the amount demanded under a notice issued under section 156 of the act within the time stipulated under sub-section (1), the said assessee is liable to pay simple interest at one and one-half per cent for every month or part of a month comprised in the period commencing from the date immediately following the end of the period mentioned in ..... will be more convenient to dispose of the tax reference first, since, even if the answers therein were to be against the assessee, the question of waiver of interest on penalty claimed by the assessee in terms of section 220a of the act, would require independent consideration and hence even while reserving orders in tax reference case ..... payment of the amount would have caused genuine hardships to the assessee; that the default in payment of the amount on which interest was payable was due to circumstances beyond the control of the assessee and that the assessee has co-operated with the . ..... the interpretation placed by it on section 220(2) of the act in regard to the right of the revenue to demand interest in a situation where the assessee has promptly satisfied the demand made by the revenue in regard to the tax originally assessed .....
Tag this Judgment!Court : Jharkhand
..... 3,91,704/ with interest due and payable to the petitioner l&t financial limited. ..... 3,91,704/ with interest at the rate of 36% per annum from 29.02.2009 to 28.06.2009 and they were further held liable to pay interest at the rate of 24% from 29.06.2009 till, payment or realisation. ..... 3,91,704/ with interest and not the immovable property situated within the local limits of the hazaribagh court and therefore, the application under section 34 of the arbitration and conciliation act, 1996 can be filed only in the court of ..... 3,91,704/ with interest and thus, the jurisdiction of the court where the execution proceeding has to be initiated, would be the court within whose jurisdiction the arbitral tribunal is situated. 8. .....
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