LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prof s c pratihar (medical practitioner &legal studies)     15 October 2008

interest at the rate of 18%per annum

some citations are mentioned where legal dues withheld illegaly and court imposed 18% interest.in caseofGorakhpur university and others vs sh*tla prasad nagendra and ors (2001)6SSC."this court has been emphasizing repetedely the position that pension and gratuity are nolonger bounty to be distributed by the Government but arevaluable rights acquired and property in their hands and any delay in settlement should be viewed seriously and dealt with severelyby imposing penaltyin the form of payment of interest.will this citation be utilised for all legal dues?


Learning

 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     16 October 2008

My Humble opinion :


If the SupremeCourt (SC) has made the above Ruling as "Absolute", then it will apply to all matters in various Acts. eg.. Consumer Protection Act, MRTP Act, Income Tax Act, CPC. ...


In the matter instant, the SC has imposed " PENALTY" @ 18% p.a.  and not as "INTEREST"  (i.e.imposing penalty in the form of payment of interest.There is no provision under the Pension Act ... to give Interest on delayed payments, BUT the court has jurisdiction to impose "PENALTY" in the form of Interest (simple interest & not cumulative interest) .


Failure to pay the "PENALTY" would result in seizure / freeze of the respective account/money/property ... However it would also mean that for delayed payment of "PENALTY" amount, there would be no such element of recurring Interest on the "Penalty" amount.


The above type of ruling as also been given in 2005 by the National Commission (under Consumer cases).


Keep Smiling ... HemantAgarwal


 

SHEKHAR MISHRA (public servant)     16 October 2008

Thank   You   for   information.

prof s c pratihar (medical practitioner &legal studies)     16 October 2008

thanks, dear sekhar kumar you crossed thousand you must get t shirt soon.dear hamant--s.34 interest is for unliquidated damages.title should be money suitthen only s.34 is applicable.interest act is seperate .you cant get interest for  arrearsalary  by interest act. hope i am correct.i have seen apex court judgment and shal quote afterwards.

N.K.Assumi (Advocate)     17 October 2008

That was very informative.

Ajay kumar singh (Advocate)     17 October 2008

Interest above 6.5% p.a. can be awarded only when there is an agreement to this effect between the parties as is in the cases of bank loans or construction contracts etc.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register