The Interest Acts: (Act XXXII of 1839 and Act XXVIII of 1855) (with the Case-law on 'interest'.) |
Other editions - View all
The Interest Acts: (Act XXXII of 1839 and ACT XXVIII of 1855) (with the Case ... India No preview available - 2016 |
Common terms and phrases
12 per cent Act XXVIII Act XXXII allow interest amount due AMOUNTING TO PENALTY annum applies arrears of rent award interest Chowdhry Chunder compound interest Contract Act contract to pay Court executing Court of equity creditor damages date fixed debtor decree-holder demand discretion due date entitled to interest executing the decree grant interest held High Court higher rate Hindu Law increased rate Interest Act interest on arrears interest on costs interest on mesne Khan Lall Limitation Act M L J mensem mesne profits mofussil mortgage-deed mortgaged property mortgagor Nath nature of penalty Negotiable Instruments Oudh paid parties pay interest payable payment of interest plaintiff post diem interest principal sum Privy Council promissory note Property Act provide for interest Ram Narain rate of interest recoverable rule of damdupat stipulated rate suit sums certain Surmah Transfer of Property under-proprietors wrongly printed XXVIII of 1855
Popular passages
Page 1 - That, upon all debts or sums certain, payable at a certain time or otherwise, the jury, on the trial of any issue or on any inquisition of damages, may, if they shall think fit, allow interest to the creditor, at a rate not exceeding the current rate of interest, from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time...
Page 1 - ... to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time, or if payable otherwise then from the time when demand of payment shall have been made in writing, so as such demand shall give notice to the debtor that interest will be claimed from the date of such demand until the term of payment : provided that interest shall be payable in...
Page 21 - Procedure, section 532,1 be calculated at the rate of six per centum per annum from the. date at which the same ought to have been paid by the party charged, until tender or realization of the amount due thereon, or until such date after the institution of a suit to recover such amount as the Court directs.
Page 1 - Whereas it is expedient to extend to the territories under the Government of the East India Company, as well within the jurisdiction of Her Majesty's Courts as elsewhere, the provisions of the Statute 3rd and 4th William IV. Chapter 42, Section 28, concerning the allowance of interest in certain cases : . It is, therefore, hereby enacted, that upon all...
Page 13 - Damdupat is simply this,— that no greater arrears of interest can be recovered at any one time than what will amount to the principal sum ; but if the principal remain outstanding, and the interest be paid in smaller sums than the amount of the principal money, there is no limit to the amount of interest which may be thus received from time to time.
Page 4 - It is a fundamental rule in the construction of statutes, that a subsequent statute in general terms is not to be construed to repeal a previous particular statute, unless there are express words to indicate that such was the intention, or unless such an intention appears by necessary implication.
Page 74 - Ch. 21, and the proceeds of certain goods, claimed by the Official Assignee, paid by the Assignee into the Bank of Bengal. In a suit brought in the High Court at Calcutta by A, against the Official Assignee, claiming the proceeds of the goods paid into the Insolvent Court, held, on the Court making a decree in favour of the plaintiff, that the High Court, being a Court of law and equity, had power to award interest on the amount as against the Official Assignee.
Page 20 - When interest at a specified rate is expressly made payable on a promissory note or bill of exchange, interest shall be calculated at the rate specified, on the amount of the principal money due thereon, from the date of the instrument, until tender or realization of such amount, or until such date after the institution of a suit to recover such amount as the Court directs.
Page 64 - ... a proviso for enhanced interest in the future cannot be considered as a penalty, Unless the enhanced rate be such as to lead to the conclusion that it could not have been intended to be part of the primary contract between the parties.
Page 58 - The question whether the amount stipulated to be paid upon failure of performance is to be treated as liquidated damages or as a penalty is, in its last analysis, a question of law for the court, to be determined from the language and subject-matter of the contract, the evident intent of the parties, and all the facts and circumstances under which the contract was made.