Sudesh Kumar v. State Of Haryana And Another

    
    
  



!"#$ "%&'&#( %!#)"*+, -./"'01.2 *  33"!&!&#("* 4"*'.'

-! !"#$ *5 (  (/ (#!0"* 33"'6#(/"(!'

7

8973-
 -7- - 
 

       

-7- - 3 9 



  

  

      



   

  !"

#"

 $ 

 

  $ %"

#"

 $

!

&     

     





   

    '

#"

 $ 

%"

#"

   

 

  





$   '

#"

 $

(

       

    

 



 

 )

 



          



    *

+  

 () ,
,  

-  ()

,
,  

.

"When a court passes a decree, the court may grant interest on the amount to which the decreeholder is found to be entitled, and Section 34 provides for relevant provisions relating to the granting of such interest. The Section clarifies the sum on which the interest is granted, which is termed the "principal sum adjudged." It includes the principal sum of money to which the decreeholder is entitled, along with the interest charged on such a sum for the period preceding the institution of the suit. As a result, in general, it is the entire amount claimed by the litigant in court to which he becomes entitled prior to the filing of the suit.

Further, Subsection (1) of Section 34 can be divided into two parts as it provides for interest being granted on two kinds of periods which are as follows:

1. From the date of suit to the date of the decree: The interest on the principal sum adjudged is from the date of suit to the date of the decree. The interest rate should be at the discretion of the court and there is no upper limit to such kind of interest.

2. From the date of the decree to the date of payment of money to the decreeholder: Herein, the court can grant interest on the principal sum adjudged at its discretion. However, an upper limit on such interest rate has been cast by the Section which is six percent per annum; such kind of interest has been referred to as "further interest". Proviso to this subsection provides that in case of commercial transactions the further interest can exceed the rate of six percent per annum and the upper limit in such cases will be the contractual rate of interest. The proviso further explains, that where there is no contractual rate of interest provided the upper limit will be the rate at which money

 is lent or advanced by the nationalised banks in relation to the commercial transaction."

/ 

   () ,
,

  

,  $ 

-

0      , 

  $

-

$ * 

        

-

 !"

#"

  $



  $      ,  

-

!"

#"

 $

   3  -  

 () ,
, 

    

 ,  % $

%!#)"*+,

-7- -  harsha





  4  -5   650 4  



650