Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
Judgement Subject Index/Important Decision/Topic

ILC-2012-SC-CIVIL-Jul-7

M/s. Purbanchal Cables and Conductors Pvt. Ltd. Vs. Assam State Electricity Board

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.







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@2016 Indian Law
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