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1 - 10 of 38 (0.43 seconds)The Indian Contract Act, 1872
The Code of Civil Procedure, 1908
Section 23 in The Indian Contract Act, 1872 [Entire Act]
Section 3 in The Interest Act, 1978 [Entire Act]
Article 14 in Constitution of India [Constitution]
The Interest Act, 1978
Secretary Irrigation Department ... vs G.C. Roy on 12 December, 1991
G.C. Roy (supra) clearly holds
that interest would be payable depending on the terms of the contract.
Hungerford Investment Trust Limited ... vs Haridas Mundhra & Others on 9 March, 1972
44. A similar view is echoed in Hungerford Investment Trust Ltd. v.
Haridas Mundhra and others AIR 1972 SC 1826 wherein it was held that
though no specific time was provided for payment of purchase money, it has
to be construed as reasonable time under Section 46 of the Contract Act. The
Court, however, held that what is reasonable is a question of fact. The
observation of the Supreme Court reads as under:
Bank Of India & Anr vs K.Mohandas & Ors on 27 March, 2009
45. Learned counsel for the Corporation has relied upon Bank of India v.
K. Mohandas (2009) 5 SCC 313 and Super Poly Fabriks Ltd. v.
Commissioner of Central Excise, Punjab (2008) 11 SCC 398 to argue that
RFA 42/2017 Page 38 of 58
the contract has to be read as a whole. This position is not in dispute.
However, the contract has to be construed as per the principles contained in
Section 46 of the Contract Act.