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MEENAKSHI MADAN RAI
Chief of The Army Staff – Appellant
Versus
Secretary, Land Revenue Respondents & Disaster Management Department, Government of Sikkim – Respondent
JUDGMENT
1. The instant Review Petition has been filed by the Petitioners seeking a review of the Order, dated 14.09.2021, in C.M.C. No.04 of 2021.
2. While urging that the interest rate of 6% reflected in the Order supra sought to be reviewed, be deleted it was contended by the Learned Assistant Solicitor General that the Petitioners were initially granted three months time to pay the compensation awarded to the Respondents No.3 to 23, vide the Final Order dated 19.03.2021 in W.P.(C) No.55 of 2018. On failure to deposit the amount, the Court had ordered that delay would entail deposit with interest at the rate of 6% per annum. On 23.06.2021, in C.M.C. No.01 of 2021, on further time being sought by the Petitioners the Court was pleased to grant further three months to the Petitioners to pay the compensation i.e. till 19.09.2021. That, the extension of time was sans payment of interest at the rate of 6% per annum on the compensation amount. As the Petitioners could not make the payment during the slated period, vide Order dated 14.09.2021, in C.M.C. No.04 of 2021, this Court granted further extension of time for payment. That, in the last Paragraph of the Order, dated 14.09.2021, an i
The court retains discretion to impose interest on delayed compensation payments despite extensions granted, reinforcing that terms of prior orders remain in force unless explicitly waived.
The power is vested with the Court to consider the rate of interest under the Employee's Compensation Act, and the court's decision on the rate of interest is not subject to review unless there is an....
The main legal point established in the judgment is the entitlement to interest for the delay in payment of ex-gratia compensation, based on the principle of awarding interest when there is no specif....
Compensation for railway accidents is determined by the applicable rules at the time of the incident, with interest awarded from the date of accrual, not the date of the accident.
The court established that appellate courts generally must provide reasons for imposing pre-deposit conditions unless justified by exceptional circumstances, reflecting the need to prevent unjust del....
Award of rate of interest @ 12% p.a. reduced to 10% p.a.
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