1990 (8) TMI 405

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....endent of Police. After his retirement, he filed a suit for declaration that he was entitled to be promoted from the post of Police Inspector to the post of Deputy Superintendent of Police with effect from 9-9-1964, the date when his juniors were promoted as Deputy Superintendent of Police. He further claimed relief for all consequential benefits, rights and privileges. The suit was dismissed by t....

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....ction before the Execution Court regarding the decree holder's claim for interest, on the ground that the decree which was sought to be executed did not contain any direction for awarding interest to the decree holder. The execution Court rejected the State's objection and held that the decree holder was entitled to Rs. 30,383.35 as interest from the judgment debtor. The State filed appeal....

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....h was under execution, it was not open to the executing court to award interest. The Execution Court is bound by the terms of the decree, it cannot add or alter the decree on its notion of fairness or justice. The right of the decree holder to obtain relief is determined in accordance with the terms of the decree. The Execution Court has referred to a number of decisions where interest had been gr....