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