AI Overview...
- Applicability of Damdupat
- The rule of Damdupat generally limits the amount of interest that can be recovered to the principal amount, particularly in mortgage and loan recovery cases.
- Several courts have held that Damdupat is not applicable in certain jurisdictions, notably in Andhra Pradesh and Madras, where the rule was never applicable SYNDICATE BANK, KURICHEDU, PRAKASHAM DISTRICT VS INDURI GURAVAREDDY - Andhra Pradesh, Suryapaga Ravikumar VS Pakkela Ramarao - Andhra Pradesh, Suryapaga Ravikumar VS Pakkela Ramarao - Andhra Pradesh, H. P. State Co-operative Bank Ltd. VS State of H. P. - Himachal Pradesh, Lall Behary Dutt VS Thacomoney Dassee BR Kanaye Lall Khan @APPELLANT - Calcutta, Edhellacheruvu Balarami Reddy VS Edhellacheruvu Munaswamy Redd - Andhra Pradesh.
- The rule is not applicable after a decree becomes final, or in cases where the parties have explicitly agreed to a specific rate of interest Lall Behary Dutt VS Thacomoney Dassee BR Kanaye Lall Khan @APPELLANT - Calcutta, Karan Traders VS Punjab & Sind Bank - Punjab and Haryana.
- In mortgage transactions, Damdupat is generally not applicable; courts have clarified that it cannot be invoked to restrict interest claims once the decree is final or in the context of contractual agreements Mhadagonda Ramgonda Patil VS Shripal Balwant Rainade - Bombay, Lall Behary Dutt VS Thacomoney Dassee BR Kanaye Lall Khan @APPELLANT - Calcutta.
- The rule's application is jurisdiction-specific; for example, it is applicable in some states but not in Andhra Pradesh or Madras SYNDICATE BANK, KURICHEDU, PRAKASHAM DISTRICT VS INDURI GURAVAREDDY - Andhra Pradesh, Suryapaga Ravikumar VS Pakkela Ramarao - Andhra Pradesh, Suryapaga Ravikumar VS Pakkela Ramarao - Andhra Pradesh.
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The principle has been disapproved in certain cases, emphasizing that it cannot be used to negate the right to claim interest beyond principal, especially when parties have agreed otherwise H. P. State Co-operative Bank Ltd. VS State of H. P. - Himachal Pradesh, Karan Traders VS Punjab & Sind Bank - Punjab and Haryana.
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Analysis and Conclusion
- The Damdupat rule is generally not applicable in Andhra Pradesh and Madras, as courts have explicitly held it was never applicable in these regions.
- Its applicability is limited to specific jurisdictions and contexts, often not applicable after the finalization of a decree or where contractual terms specify interest.
- In mortgage transactions, Damdupat does not typically apply, especially when the decree is final or the parties have contractual interest rates.
- Therefore, Damdupat is not universally applicable and its relevance depends on the jurisdiction and the specific facts of the case SYNDICATE BANK, KURICHEDU, PRAKASHAM DISTRICT VS INDURI GURAVAREDDY - Andhra Pradesh, Suryapaga Ravikumar VS Pakkela Ramarao - Andhra Pradesh, H. P. State Co-operative Bank Ltd. VS State of H. P. - Himachal Pradesh.
Search Results for "Is Damdupat Applicable"
• India - Bombay
... The question as to whether the rule of Damdupat is applicable to ... applicable to mortgage transaction. ... suit for redemption cannot stand bar subsequent suit for redemption of self same mortgage-Proviso to Section 60-Effect of-Rule of Damdupat
1997 0 Supreme(AP) 1218 • India - Andhra Pradesh
B.SUDERSHAN REDDY
- Held that rule of DAMDUPAT has no application to State of AP and also not applicable to transactions entered into by Banking Company ... CIVIL PROCEDURE CODE - -Order 34, Rule 5 - Application praying to pass final decree in terms of preliminary decree - Rule of “DAMDUPAT ... application on the ground that petitioner claiming amount towards interest more than principal amount and the claim is hit by rule of DAMDUPAT ... ....
1890 0 Supreme(Cal) 56 • India - Calcutta
WILSON, SALE
Damdupat - Mortgage - [Order 34, Rule 5, CPC] - The court held that the rule of damdupat is not applicable after the decree becomes ... Finding of the Court: The court found that the rule of damdupat was not applicable at the time the decree became final ... If the rule of damdupat was not applicable at the time the decree became final, it cannot be applied afterwards....
2007 0 Supreme(HP) 409 • India - Himachal Pradesh
RAJIV SHARMA
The court also considered the applicability of the rule of Damdupat in determining the interest payable by the respondent No. 3. ... Section 72 of the Act and upheld the appellate order based on the language of the agreement and the applicability of the rule of Damdupat ... ... Admittedly, the rule of Damdupat was never applicable to Madras. ... Anant Kashinath, a Division Bench of the Nagpur High Court has held that the ....
2009 0 Supreme(AP) 302 • India - Andhra Pradesh
G.BHAVANI PRASAD
Rainade (supra) is not an authority for the proposition that the rule of Damdupat is applicable throughout India including State ... of Andhra Pradesh, but on the other hand, it is held in categorical terms that the rule of Damdupat was never applicable to Madras ... No.1562 of 2007, dated 02-08-2007, the appellant was permitted to raise the plea of rule of Damdupat being applicable to t....
2009 0 Supreme(AP) 301 • India - Andhra Pradesh
G.BHAVANI PRASAD
(a) Rule of Damdupat - Rule of Damdupat has no application to State of Andhra Pradesh - Cannot be used to negative the right to claim ... Rainade (supra) is not an authority for the proposition that the rule of Damdupat is applicable throughout India including State ... of Andhra Pradesh, but on the other hand, it is held in categorical terms that the rule of Damdupat was never applicable#HL_END....
1985 0 Supreme(Del) 447 • India - Delhi
D.K.KAPUR, N.N.GOSWAMY
the Damdupat principle in relation to loans advanced by the L. ... C. of India from the application of the Damdupat principle. ... C. of India from the application of the Damdupat principle. ( 1 ) A question may well be asked as to whether the effect of this Notification does in fact apply to the principle of Damdupat
2022 0 Supreme(AP) 1290 • India - Andhra Pradesh
SUBBA REDDY SATTI
The rule of Damdupat is not applicable in the state of Andhra Pradesh. ... The court also held that the Rule of Damdupat is not applicable in the state of Andhra Pradesh and the contractual rate of interest ... Whether Doctrine of Damdupat applies in state of Andhra Pradesh? Ratio Decidendi: 1. ... Rainade (supra) is not an authority for the proposition that the rule of Damdupat is #HL_S....
1913 0 Supreme(Cal) 262 • India - Calcutta
FLETCHER
Damdupat - Mortgage - Act Section List: N/A - The court held that the rule of damdupat, which limits the amount of interest a ... Fact of the Case: This case relates to the application of the rule of damdupat in a mortgage suit. ... The rule of damdupat limits the amount of interest a creditor can recover against a debtor to the amount of the principal. ... I cannot in this decree read the words "subject to rule of #HL_S....
2008 0 Supreme(P&H) 1822 • India - Punjab and Haryana
RAKESH KUMAR GARG
Ratio Decidendi: The court found that the rule of Damdupat is not applicable when the borrower has agreed to pay a specified ... Damdupat - Recovery of Loan - AIR 1988 SC 1200, (2002-3)129 PLR 837 : AIR 2001 SC 3095, AIR 1965 SC 192 - The court discussed ... the application of the rule of Damdupat in the case of recovery of loan and the principle that banks can charge interest as agreed ... Learned counsel for the appella....
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