M/s. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electricity Board
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Head Note
Indian Contract Act, 1872 - Section 62
Novation of contract - New plea - The issue of novation of contract was raised before this Court for the first time at the time of hearing - Issue of novation of Contract is a mixed question of fact and law - In absence of such factual findings, it is not possible to decide such a mixed question of law and facts - Such issue cannot be permitted to be raised.
The Code of Civil Procedure, 1908 - Section 34
Award of interest - Suit for recovery of payment by supplier - Such payment is delayed by the buyer - Court can award interest, at his discretion.
The Code of Civil Procedure, 1908 - Section 34
Sales of Goods Act, 1930 - Section 61 - Delayed payment - If there is a delayed payment by the buyer, then a right to claim a higher rate of interest as prescribed by the Act accrues to the supplier.
Topic(s)-Novation of Contract
Important Decision(s)-
- Novation of contract - Issue before this Court for the first time at the time of hearing - cannot be permitted.
- Delayed payment - A right to claim a higher rate of interest as prescribed by the Act accrues to the supplier.