<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>1982 (10) TMI 213 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=191944</link>
    <description>In mortgage enforcement proceedings, the mortgagee was entitled to pendente lite interest after the debt had been adjudged payable. The Court held that Section 34 and Order 34 CPC, read with mortgage principles under the Transfer of Property Act, did not permit a complete refusal of interest; the judicial discretion extended only to fixing its rate. Competing creditor claims and liquidation considerations were relevant only in balancing equities for that limited purpose. The trial court&#039;s blanket denial of further interest was modified, and interest was directed at a reduced rate for the relevant post-August 1977 period.</description>
    <language>en-us</language>
    <pubDate>Wed, 06 Oct 1982 00:00:00 +0530</pubDate>
    <lastBuildDate>Thu, 04 May 2017 15:14:53 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=467550" rel="self" type="application/rss+xml"/>
    <item>
      <title>1982 (10) TMI 213 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=191944</link>
      <description>In mortgage enforcement proceedings, the mortgagee was entitled to pendente lite interest after the debt had been adjudged payable. The Court held that Section 34 and Order 34 CPC, read with mortgage principles under the Transfer of Property Act, did not permit a complete refusal of interest; the judicial discretion extended only to fixing its rate. Competing creditor claims and liquidation considerations were relevant only in balancing equities for that limited purpose. The trial court&#039;s blanket denial of further interest was modified, and interest was directed at a reduced rate for the relevant post-August 1977 period.</description>
      <category>Case-Laws</category>
      <law>Companies Law</law>
      <pubDate>Wed, 06 Oct 1982 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=191944</guid>
    </item>
  </channel>
</rss>