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    <title>1943 (7) TMI 3 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=192559</link>
    <description>Interest on a refunded municipal tax was held unrecoverable because the claim did not fall within the Interest Act: there was no written instrument or order providing for interest, and interest could not be granted merely on justice, equity and good conscience. The court also held that interest could not be recovered as damages absent an agreement or a trade usage having the force of law. The attempt to treat the matter as one in tort did not assist the claimant, and limitation under the Bombay Municipal Boroughs Act also operated against the claim. The order allowing interest was therefore set aside.</description>
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    <pubDate>Fri, 30 Jul 1943 00:00:00 +0630</pubDate>
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      <title>1943 (7) TMI 3 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=192559</link>
      <description>Interest on a refunded municipal tax was held unrecoverable because the claim did not fall within the Interest Act: there was no written instrument or order providing for interest, and interest could not be granted merely on justice, equity and good conscience. The court also held that interest could not be recovered as damages absent an agreement or a trade usage having the force of law. The attempt to treat the matter as one in tort did not assist the claimant, and limitation under the Bombay Municipal Boroughs Act also operated against the claim. The order allowing interest was therefore set aside.</description>
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      <pubDate>Fri, 30 Jul 1943 00:00:00 +0630</pubDate>
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