AI Overview...
- Suit for Interest Simpliciter is Maintainable - Main points and insights:
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As held in Modern Industries (supra), a suit solely for claiming interest (interest simpliciter) remains maintainable after the enactment of relevant legislation. It creates a new vested right in the supplier or lender when there is delayed payment after acceptance of goods or services, allowing them to file suit for higher interest rates. This is supported by multiple sources indicating that such suits are valid and enforceable Rajam Chemicals, rep. by its Proprietor R. P. Kroshnamachari VS Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), rep. by its Chairman - Madras, Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - Supreme Court, Jasvinder Singh VS Kedar Nath - Himachal Pradesh.
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Analysis and Conclusion:
- The consistent judicial stance affirms that suits for interest simpliciter are maintainable, especially where legislation confers a right to claim interest upon delay. This establishes a legal right for suppliers or creditors to recover interest without necessarily seeking a declaration of title or ownership. However, the maintainability depends on the context; for example, suits for permanent injunction without a declaration may be dismissed if the plaintiff's title is disputed or not established State Of Orissa VS Bhagirathi Mishra - Orissa, 02200004739, Tarachand Jamnadas Wagwani VS Anusayabai Bapuji Chandramore - Bombay. Overall, the courts recognize the enforceability of such interest claims as a distinct and valid cause of action post-legislation, reinforcing the principle that suits for interest simpliciter are maintainable where the legal conditions are met Rajam Chemicals, rep. by its Proprietor R. P. Kroshnamachari VS Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), rep. by its Chairman - Madras, Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - Supreme Court, Jasvinder Singh VS Kedar Nath - Himachal Pradesh.
Search Results for "Suit for Interest Simpliciter is Maintainable"
2013 0 Supreme(Mad) 387 • India - Madras
V.DHANAPALAN
If a suit for interest simpliciter is maintainable as held by this Court in Modern Industries4, then a new liability qua the buyer is created with the commencement of the Act giving a vested right to the supplier in case of delayed payment. ... With the commencement of the Act, a new vested right exists with the supplier, that being, if there is delay in payment after the acceptance of the goods by the buyer, the supplier can file a suit for claiming interest at a higher rate, as presc....
2012 4 Supreme 369 • India - Supreme Court
H.L.DATTU, ANIL R.DAVE
6(2) – Suit only for higher rate of interest on delayed payment is maintainable. ... Supplier instituted a money suit under the Interest on Delayed Payments to Small Scale and Ancillary Industrial Undertakings ... Supplier claimed interest on such delayed payment which was refused. ... If a suit for interest simpliciter is maintainable as held by this Court in Modern Industries (supra), then a new liability qua the....
2012 0 Supreme(HP) 650 • India - Himachal Pradesh
DEV DARSHAN SUD
If a suit for interest simpliciter is maintainable as held by this Court in Modern Industries (supra), then a new liability qua the buyer is created with the commencement of the Act giving a vested right to the supplier in case of delayed payment. ... With the commencement of the Act, a new vested right exists with the supplier, that being, if there is delay in payment after the acceptance of the goods by the buyer, the supplier can file a suit for claiming interest at a higher rate, a....
2011 0 Supreme(Ori) 237 • India - Orissa
B.K.PATEL
with regard to death certificate and for permanent injunction - He has not prayed for relief of declaration of right, title and interest ... with Sec. 151 - Temporary injunction - Application refused by Trial Court and appeal rejected - Writ - Plaintiff has filed the suit ... over the suit land - Validity of the sale deed is dependent upon the validity of the death certificate - Not disputed that the death ... It is contended that the suit for permanent injunction simpliciter without seeking declaration....
2019 0 Supreme(Ori) 67 • India - Orissa
A.K.RATH
be maintainable when the plaintiff's title is in dispute or under a cloud. ... The appellate court reversed the decision, holding that the suit for injunction was maintainable without a prayer for declaration ... Finding of the Court: The trial court dismissed the suit, holding that the State Government was the owner of the suit ... The suit for permanent injunction simpliciter without any prayer for declaration is not maintainable. Mandatory injun....
2018 0 Supreme(Ori) 157 • India - Orissa
A.K.RATH
The plaintiff's title is not in dispute or under a cloud, making the suit for permanent injunction simpliciter maintainable.] ... The limited interest of Atulmani blossomed with full interest under Sec. 14(1) of the Hindu Succession Act, 1956. ... After death of her husband, Atulmani had limited interest over the suit properties of her husband. The limited interest in the property became absolute under Sec. 14 of the Hindu Succession Act. The #HL_STA....
2016 0 Supreme(SC) 680 • India - Supreme Court
V.GOPALA GOWDA, ARUN MISHRA
held maintainable. ... nbsp;Finding of the Court: ... Appeal is maintainable ... amount of Rs. 51,60,507.42 with compound interest at the rate of 23.75% p.a. with monthly rests from the date of the suit till realization ... If a suit for interest simpliciter is maintainable as held by this Court in Modern Industries (supra), then a new liability qua the buyer is created with the commencement of the Act giving a vested right to the supplier in case of....
• India - Current Civil Cases
A.K.RATH
suit land – In view of same, suit for permanent injunction simpliciter is not maintainable in absence of declaratory relief – Mandatory ... for permanent injunction is not maintainable – However, notice under Order 1 Rule 8 CPC in instant case is not a sine qua non – ... Judgment of appellate court set aside and suit dismissed. ... The suit for permanent injunction simpliciter without any prayer for declaration is not maintainable. ....
2015 0 Supreme(Bom) 1000 • India - Bombay
R.K.DESHPANDE
Finding of the Court: The court found that the suit for injunction simpliciter was not maintainable as the plaintiff ... the defendant is not maintainable. ... injunction against the defendant is not maintainable. ... The plaintiff does not claim to be in possession of the suit property and therefore, such a suit simpliciter claiming permanent injunction restraining the defendants from creating third party interest or alienating t....
2012 0 Supreme(Bom) 2074 • India - Bombay
A.P.LAVANDE, U.V.BAKRE
recovery of interest on amount of compensation maintainable under Section 9 of Code. ... on said amount - This being position, the suit filed by the plaintiff for recovery of amount due by way of interest is maintainable ... But the suit to recover the amount by way of interest in terms of Section 34 of the Act is clearly maintainable under Section 9 of ... ... In the case of Bhagwan Kulkarni (Supra), the learned Single Judge of this Court after con....
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